Badar Durrez Ahmed, J. (Oral) – This is a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging various portions of the award dated 30.12.2005. By an order dated 10.5.2006, the scope of this petition has been narrowed down to claim No.3 and the question whether the final bill submitted by the respondent ought to have been given precedence as against the final bill submitted by the petitioner. As noted in the order dated 10.5.2006, the learned Counsel for the petitioner had contended that the hearings in the arbitration proceedings were concluded on 1.7.2004 and the written synopses were filed on 31.7.2004 Subsequently, the learned arbitrator issued a letter on 5.5.2005 requiring the respondent to furnish the final bill and final measurement. According to the learned Counsel for the petitioner, the final bill which was submitted by the respondent on 24.5.2005 to the learned arbitrator was nothing but the 9th running bill which had already been supplied earlier. It was contended that the arbitrator ought not to have taken into account such a document without affording an opportunity to the petitioner on making submissions with regard to such a b