JUDGMENT :

PANKAJ BHANDARI, J.

1. Appellant-State has preferred the instant appeal aggrieved by the judgment dated 16.11.2019 passed by the Commercial Court, Kota, whereby the application filed by the appellant-State under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act of 1996’) was rejected and the award dated 09.11.2015 was confirmed.

2. Succinctly stated the facts of the case are that the Superintending Engineer, Irrigation Circle, Jhalawar invited tenders on 19.11.1996 for the work of construction of Earthen Dam from R.D. (-) 60m to R.D. 1290m of Chauli Irrigation Project, Pirwa, District Jhalawar. The respondent-claimant submitted the tender, which was found lowest and accepted by the competent authority of the Government and the same was communicated to the claimant. An Agreement was executed between the parties on 28.03.1997. The claimant submitted their claims before the learned Arbitrator amounting to Rs.14,24,721/- towards enhanced rate for extra work beyond 50% in the work of head outlet sluice; Rs.52,24,900/- towards extra lead of sand and filter material; Rs.181.18 lacs on account of infrastructure overhead expenses and loss