YOGESH KHANNA, J.

1. This is an application under Section 14 of the Arbitration Act, 1940 for filing the award dated 27.2.2009 and making it a rule of Court. This application is pending since 2009. The brief facts of the case are as follows :

(a) The petitioner has been carrying on business of publicity and advertisements. The respondent No.1 is a Government of India enterprise and is a company under the Indian Companies Act, 1956;

(b) that a contract dated 02.02.1993 came into existence between the petitioner and the respondent No.1 on the petitioner accepting the terms and conditions which were received along with the letter dated 27.01.1993 of the respondent No.1, placing the petitioner on its panel as approved Publicity Agent;

(c) that under the said contract, the respondent No.1 awarded and assigned various works of advertising to the petitioner which were duly executed by the petitioner to the entire satisfaction of the respondent No.1;

(d) that as the petitioner did not receive payment of its certain bills for display of 'Kiosks' (display of advertisement boards on electric poles). The petitioner sent a notice dated 10.02.1994 demanding payment of the amounts due from the respondent No.1 to the tune of Rs.7,36,715.00 along with interest @ 24% per annum. The petitioner also invoked the arbitration clause contained in the contract dated 02.02.1993;

(e) as the respondent No.1 failed to appoint the arbitrator within the stipulated period, the petitioner filed a petition under Section 20 of the Arbitration Act, 1940 in this Court which was registered as suit No. 2461/1994;

(f) during the pendency of the said petition, the Chairman-cum-Managing Director of the respondent No.1 appointed Shri R. K. Gupta, Zonal Manager (North) of the respondent No.1 as Sole Arbitrator to adjudicate upon the disputes between the parties. Shri R. K. Gupta issued a notice dated 22.04.1995 calling upon the petitioner to submit its claim;

(g) the petitioner filed an application, being LA No.4142/1995, in the said suit No.2461/1994 for restraining Shri R.K. Gupta from acting as Sole Arbitrator. Taking cognizance of the said LA., this Hon'ble Court by its order dated 15.05.1995, was pleased to stay the proceedings before the learned arbitrator;

(h) eventually on a request made by the counsel for the petitioner, this Court by its order dated 31.09.1999 was pleased to recall the interim order dated 15.05.1995 passed in the said suit and the learned arbitrator was permitted to continue the proceedings;

(i) since Shri R.K. Gupta had in the meanwhile resigned as arbitrator due to his retirement from service of the respondent No.1, the Chairman-cum-Managing Director of the respondent No.1 appointed the respondent No.2, Shri H.S. Rekhi, Zonal Manager (North) of the respondent No.1, as arbitrator, to adjudicate upon the disputes between the parties. This was communicated to the petitioner by the respondent No.1 vide its memo dated 27/29.10.1999;

(j) the respondent No.2 thereupon entered upon the reference;

(k) the respondent No.2 eventually made and published his award dated 27.02.2009 and an intimation in respect thereof was sent by the respondent No.2. by his letter dated 09.03.2009 to the Chairman-cum-Managing Director of the respondent No.1 with a copy to the petitioner. A copy of the award was also forwarded to the petitioner by the letter sent by registered A.D. Post which was received by the petitioner on 14.03.2009.

2. The petitioner has now applied for making the award the rule of the Court. The respondent No.1 has filed objections under Sections 30 & 33 of the Arbitration Act, 1940 against the said award. It is alleged by the respondent No.1 that the petitioner has not executed the work to the satisfaction of the respondent and has committed breach of the terms and conditions of the agreement and had got the work executed from one M/s Adline Advertising Agency and hence has breached clause 6 of the agreement as under:

“Clause

6 The agency shall submit es