Jayant Nath, J.

I.A. Nos. 8994-95/2017 (exemption) Allowed subject to just exceptions.

I.A. No. 8996/2017 (for condonation of delay)

For the reasons stated in the application, the delay in filing the petition is condoned. The application is disposed of.

O.M.P. (COMM) 292/2017

1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking to impugn the Award dated 02.05.2017 passed by the Arbitral Tribunal.

2. Some of the relevant facts are that the petitioner accepted the bid of the respondent vide its communication dated 18.11.2005 for widening and strengthening of four lane of existing single/intermediate carriageway of National Highway No. 57 Section from Km 110.00 to Km 70.00 (Jhanjharpur-Darbhanga Section) in the State of Bihar for a contract value of Rs.388,23,24,691/-.

3. It is the case of the petitioner that the respondent was not able to meet the contractual requirements of mobilization of staff, timely deployment of machinery, etc. It is stated that after much delay, the contract with substantial completion of four laning was opened to traffic w.e.f. 01.09.2012. The engineer issued “Substantial Comp