JAYANT NATH, J.

1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking to set aside the Award dated 05.05.2017 passed by the learned Arbitrator.

2. On 19.11.2009, the petitioner is said to have invited sealed tenders for specified work. The respondent was declared as a successful bidder and a letter of acceptance was issued on 15.06.2010. Main contract was executed on 14.07.2010. The contract envisages execution of work of "Detailed Engineering survey, Soil survey, Cadastral survey & providing services for establishing ROU in ROW of Paradip-Haldia-Durgapur LPG Pipeline Project" within 28 months from the date of issuance of Letter of Acceptance.

3. Disputes having arisen between the parties, the respondent filed a petition under Section 11(6) of the Act seeking appointment of an Arbitrator. On 18.10.2011 in Arb. Pet. 42/2011, this court noted the submissions of the petitioner that an application had to be first made to the General Manager of the petitioner in accordance with the arbitration clause. It was also agreed that the General Manager of the petitioner would consider the application of the r