A.K. Sikri, J.

1. The respondent herein was awarded certain contracts by the petitioner. These works were executed by the respondent but there was delay in the execution of the contract. Clause 4.4.0.0. of the General Conditions of Contract provided for liquidated damages in case of delay in execution. Invoking this clause the petitioner recovered the maximum liquidated damages as provided, i.e. 10% of the contract value, from the respondents last running account bill. The respondent agitated as according to it no such liquidated damages were payable. The contract provided arbitration clause, which was invoked by the respondent. The learned arbitrator went into this question and has rendered his impugned award dated 28.4.2003 holding that the imposition of liquidated damages by the petitioner was not justified. The present petition is filed by the petitioner challenging this award. The question, as is clear from the above, is about the competence of the petitioner to recover the liquidated damages and scope of this petition is to consider as to whether the impugned award deciding this question is liable to be interfered with in exercise of this Courts jurisdiction under Se