By the instant appeal, under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, ‘Act’), appellant has challenged order dated 24th of August, 2016, passed by the Addl. District Judge No.3, Jodhpur Metropolitan, Jodhpur (for short ‘learned Court below’). By the impugned order, learned Court below has disallowed the application of appellant-applicant-non-petitioner under Section 34 of the Act (Union of India Vs. M/s. Madan Mohan Jain & Sons & Anr.) and rejected the objections raised therein.

2. The facts, leading to the present misc. appeal, in nutshell, are that a contract was executed between respondent-contractor and the appellant Union of India in respect of extension of runway and the date of completion of work was upto 24.11.2006 but the work was completed at very slow speed on 26.08.2008 and final bill was paid on 26.09.2009 and the same is accepted with demure by the contractor. Later on, the contractor claimed payment as per rates prevailing at the time of completion of work and raised other disputes as such the matter was referred to the arbitrator. The sole Arbitrator after hearing both the sides, passed award dated 27.02.2012 against the appellan