JUDGMENT :

1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as the Act) challenges the correctness of order dated 04.03.2013 passed by Additional District Judge No.8, Jaipur Metropolitan, Jaipur in Arbitration Application No.19/2012, whereby the learned court below refused to set aside the arbitral award dated 08.08.2009 in exercise of powers under Section 34 of the Act.

2. The factual background of the case is that appellant-Rajasthan State Mines and Minerals Ltd. (hereinafter referred as RSMML) and Rajasthan State Mineral Development Corporation Ltd., Jaipur (hereinafter referred as RSMDCL) issued joint notice dated 21.06.2002 inviting tenders for loading of limestone gitti into trucks at Sanu Mines in the District of Jaisalmer and for its transportation from mines to railway site at Jaisalmer. The tender of respondent M/s. ACE Construction Mines and Minerals Cooperative Society Ltd. (hereinafter referred as Co-operative Society) was accepted and accordingly agreement dated 23.10.2003 was signed between the parties. The respondent started the assigned work on 17.09.2002 and 20.09.2002 at the sites of both the companies. It is wor