1. - This is an appeal under section 39 of the Arbitration Act, 1940 (hereinafter referred to as "the Act") against the order of the Additional District Judge Sri Ganganagar referred to set aside the award dated September 15, 1969, made by Shri K.N. Sharma, Chief Engineer, Public Works Department, State of Rajasthan. The facts of the case are that the respondent Messers. Sharma and Company entered into an agreement with the State of Rajasthan for the construction of Head and Cross Regulator at R.D. 68900 of Rajasthan Canal. This agreement was executed by the respondent on the one hand and by the Executive Engineer, R.C.P. Desert Division Suratgarh, on behalf of the State of Rajasthan on the other, on March 28, 1962. As per terms of the agreement, the work was to be commenced on February 5, 1962 and completed by June 30, 1962. Extension of time upto January 19, 1963 was sought for and was granted vide letter dated November 12, 1963 of the Chief Engineer, Rajasthan Canal Project, Jaipur. The work was completed by the respondent within the extended period. Since certain items of claims were not included in the final bill prepared subsequently, the respondent claimed of paymen