JUDGMENT :

This appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter called Act, 1996) against the judgment dated 07.01.2011 passed by Sub Judge-I, Dhanbad in Misc. (Arbitration) Case No.26 of 2005 under Section 34 of Arbitration and Conciliation Act, 1996 for setting aside ex-parte award dated 20.06.2005 passed by the learned sole Arbitrator.

2. The brief facts leading to the present appeal is that the respondent/contractor was awarded a contract for construction of side support wall and roof support with pre-cast RCC slab and R.S. Joist beneath within 45 meter of railway acquired land for grand chord line at 5 Km incline of Kumardhubi Colliery by work order dated 15.10.1998 for a total work value of Rs.28,34,986.25.

3. As per the work order, the date of commencement of work was 17.08.1998 and the date of completion as per work order was 31.3.1999. Two extensions were granted up to 31.03.2000.

4. Dispute arose between the parties as the work could not be completed within stipulated time. The claimant demanded payment for the work done and als