JUDGMENT :

Ali Mohammad Magrey, J.

This Arbitration Appeal filed in terms of Section 37 of the Arbitration Conciliation Act, 1997, for short Act, is directed against the judgment dated 05.12.2020, for short impugned order, passed in the application filed under section 34 of the Act by the applicants/ appellants herein, whereby the application filed by the appellants, seeking setting aside of the Award passed by the Arbitrator, has been dismissed.

2. To understand the controversy in proper perspective the brief resume of the facts that led to the filing of this appeal, are taken note of in the first instance, thus:

3. In the year 1988, a work of construction, RCC Cut and Cover Conduit for a length of 477 meters from (-) 494 meters to RD (-) 17 meters of the Sumbal Link Channel in Upper Sindh Hydel Project USHP-II in November 1988 was allotted to the respondent contractor in terms of Chief Engineer USHP-II’s No. USHP-II/37 dated 5.11.1988.

4. The allotted work to the respondent/contractor, for execution as detailed hereinabove, got delayed due to eruption of militancy in the erstwhile State of J&K now Union Territory and the appellants offered a package of incentives viz. upward revisi