1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) has been filed by the petitioner New Delhi Municipal Council challenging the Arbitral Award dated 16th June, 2017 passed by the Sole Arbitrator. The petitioner confines challenge only to issue no. 11 and 15 decided by the Sole Arbitrator.

2. The disputes between the parties arise out of the work contract awarded by the petitioner in favor of the respondent for the upgradation and re-modeling of Palika Bazar, New Delhi vide Agreement No. 19/EE (Bm-II) 2009-10 dated 22nd December, 2009.

3. The tendered amount was Rs. 23,02,03,333/- (Twenty Three Crore Two Lakh Three Thousand Three Hundred and Thirty Three). The stipulated period for completion of work was ten months from the tenth day of issue of work award letter dated 12th November, 2009 and was accordingly to be completed by 28th September, 2010. The work was eventually completed on 23rd August, 2011. In the meantime, the respondent/claimant, claiming that the work had been completed raised its final bill for an amount of Rs. 27,86,85,775/- on 31st March, 2011.

4. Clause 9 of the agreement provides that whe