JAYANT NATH, J.

IA No.6127/2017(exemption)

Allowed subject to all just exceptions.

O.M.P. (COMM) 235/2017 & IA No.6126/2017(stay)

1. The present petition is filed under section 34 of the Arbitration and Conciliation Act, 1996 seeking to impugn the Award of the learned Arbitrator dated 21.01.2017.

2. The respondent was awarded P.Way linking and other allied works between Rewari to Rohtak section on 29.01.2009 for Rs.5,40,11,614/-. Fifteen months’ time was allowed for completion of work which was to expire on 28.4.2010. Various extensions were given to the respondent. The time for completion of the work was extended upto 31 months and the total period for completion of the work became 46 months. The work was completed on 05.12.2012. The essential case of the respondent is that under compelling circumstances he was told by the respondent to deploy staff for watch and ward of railway property which was not covered in the rates provided in the agreement. It was urged that the area between Rohtak to Rewari is notorious and theft prone area. Various instances of theft and robbery