JUDGMENT :

Satyen Vaidya, J.

Award dated 9.7.2013, passed by learned Arbitrator in the matter of arbitration arising out of Contract Agreement No. SKHEP-51/2007 Dt. 28.3.2008 between the parties in respect of Sawra Kuddu HEP (111MW) located in District Shimla, H.P., is the subject matter of present proceedings. Petitioner has taken exception to aforesaid award by filing objections under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, ‘the A&C Act).

2. The work involved was construction of Main Access Tunnel (MAT) Size 7.50M (Finished) D-shaped 172 Meter Long for underground power house at Snail, Tehsil Jubbal, District Shimla.

3. The claimant (respondent herein) was the successful bidder. The estimated cost of the work was 4,19,38,829/-. Letter of Intent (LOI) was issued in favour of claimant on 29.9.2007. Formal agreement was drawn between the parties on 28.3.2008. The Parwati Valley Power Corporation Ltd. was the owner/employer of the work. However, the Parwati Valley Power Corporation Ltd. was succeeded by Himachal Pradesh Power Corporation Ltd. (petitioner herein) during the course of time.

4. Certain dates relevant to the adjudication of instant petition are as