ORDER :

SUNITA AGARWAL, J.

The instant Appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act, 1996’) seeking to challenge the Arbitral Award dated 17.12.2020, after the dismissal of the application under Section 34 of the Act, 1996 by the Additional District Judge, at Rajpipala, District : Narmada vide order dated 01.03.2024.

2. The main ground of challenge urged by the learned counsel for the appellant was that the entire award revolves around the terms of the supplementary agreement and the terms and conditions of the main agreement, which have been conveniently ignored by the learned Arbitrator. As per the condition No.‘11’ of the supplementary agreement, the supplementary agreement dated 15.10.1992 was subject to the approval of the State Government, which was never granted. All the breaches mentioned in the award at the ends of the appellant, are with reference to the supplementary agreement and there is no finding with regard to breach of Clause ‘17.6’ of the original agreement. Reference has been made to Clause ‘17.6’ of the original agreement to submit that once the contractor/claimant has abandoned the contra