JUDGMENT :

Pushpendra Singh Bhati, J.

1. This Civil Misc. Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Act of 1996’) read with Sections 5 & 13 of the Commercial Courts Act, 2015 has been preferred claiming the following reliefs :

“That in light of the submissions made hereinabove, it is most humbly prayed that the present appeal may be allowed and the award dated 15.10.2011 and the order dated 05.07.2023 passed by the Commercial Court, Bikaner in Civil Misc. Case No.03/2023 may kindly be quashed and set aside.

Any other order, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of appellant.”

2. Brief facts of the case, as placed before this Court by Mr.Manish Patel, learned Additional Advocate General assisted by Ms. Mehali Mehta, appearing on behalf of the appellant-State are that the respondent was awarded a contract as per Agreement no.4 in the year 1995-96 vide work order no. 1670 dated 16.06.1995 pertaining to “Renewal with 20 MM on PMC on Hanumangarh – Rawatsar Pallu Road and Thalarka-Munda Road by Paver Finisher”; the work order as awarded was to the tune of