1. Both the petitioner-contractor and respondent-cooperative society have filed applications under Sections 30 and 33 of the Arbitration Act, 1940 (hereinafter referred to “Act, 1940”) impugning the sole Arbitrator, Ms. Justice (Retd.) Leila Seth's Award dated 1st December, 1998.

2. While I.A. 8707/1999 has been filed by respondent-cooperative society impugning the Award on merits, I.A. 7748/1999 has been filed by petitioner-contractor challenging the Award on the preliminary issue whereby the sole Arbitrator after relying upon Clause 6 of the Agreement dated 8-2-1984 has held that petitioner-contractor's right to seek arbitration stood extinguished on the ground that petitioner-contractor had not given notice to arbitrate within 28 days of receipt of the Architect's decision.

3. Briefly stated the facts relevant for the present case are that on 20th September, 1983 respondent-cooperative society floated a tender for construction of 150 flats at Paschim Vihar, New Delhi and the work was awarded to petitioner-contractor vide Agreement dated 8-2-1984.

4. On 14th December, 1987 the Architect certified the petitioner-contractor's final bill for an amount of Rs. 9,47,04