Rajiv Shakdher, J.

1. This is a petition filed under Section 34 of the Arbitration & Conciliation Act, 1996 (in short the Act) to assail the award dated 23.07.2010 passed by the arbitrator. The arbitrator in this case was appointed by the Chief Engineer of the petitioner vide order dated 03.08.2007. The arbitrator appointed is a retired Chief Engineer of Central Public Works Department (CPWD).

2. The broad facts in the background of which the present petition has been filed are as follows:

2.1 The respondent vide Letter of Acceptance (LOA) dated 25.02.2003 was awarded the work which is described as follows: “Excavation of Supplementary Drain up to DBL between RD 22580 to RD 23218m including lining with Hydraulically pressed CC tiles of size 300 x 300 x 50 mm on both side slopes of the drain” (hereinafter referred to in short the work).

2.2. The allocated time under the agreement was nine (9) months.

2.3. It is the stand of the petitioner that hindrance free site was made available to the respondent on 04.03.2003 and, therefore, the respondent had to execute the work on or before 03.12.2003. The total value of the work was pegged at Rs. 42,74,976/-.

2.4. Admittedly, time