NAVIN CHAWLA, J.

1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner challenging the Arbitral Award dated 17.09.2015 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Agreement dated 07.02.2006 by which the petitioner had awarded the Civil and Structural Work for construction of a Mall/Multiplex, Five Star Hotel at Ferozpur Road, Ludhiana (Punjab) in favour of the respondent.

2. The challenge to the Award is confined only to the rejection of the counter claim of the petitioner by the Arbitrator on the ground that the petitioner had not raised any such claim prior to the filing of the counter claim and, therefore, there was no pre-existing dispute between the parties which would make the said counter claim maintainable before the Arbitrator. The Arbitrator has also rejected the Counter claim on the ground that it had not been preferred by the authorized representative of the petitioner.

3. As far as the first finding of the Arbitrator is concerned, counsel for the petitioner submits that the Arbitrator has erred both in fact and in law in reaching the abo