JUDGMENT :

1. This appeal has been filed by the State of Rajasthan by which challenge to the award dated 29.02.2000 passed by the sole Arbitrator as well as the order dated 23.05.2002 passed by the Court of learned District Judge, Kota (Raj.) has been made.

2. Brief facts necessary for adjudication of the matter are that the appellants invited tenders for construction of 13 km of road in Kota vide their notice dated 22.05.1995 and as per the Notice Inviting Tenders (for short, ‘the NIT’) tenders were opened on 22.07.1995 and the tender submitted by the respondents were found to be lowest and the same was accepted. The project was supposed to commence from 08.12.1995 and completed by 07.12.1997. When the work was not completed within the stipulated time and the payment was not released then a dispute arose between the parties and the matter was referred to the Arbitrator for settlement of the dispute as per the terms of contracts/agreements executed between the parties. The respondents submitted a statement of claim, claiming an amount of Rs. 79,18,229/-. The appellant-State submitted its reply to the statement of the claim along with counter-claim for liquidated damages for the work