JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Heard the learned counsels for the parties.

2. This appeal has been filed against the order dated 29.08.2009 passed under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996) by learned Subordinate Judge-I at Ranchi in Misc. Case No. 57 of 2007 whereby an award dated 17.07.2007 made and published by the sole Arbitrator has been set-aside.

Foundational Facts.

3. The appellant herein was the claimant before the learned Arbitrator, who was allotted the work for construction of minor bridge on N.H. 23 in K.M. 49 pertaining to National Highway Road Construction Department, Dhanbad Division No. 2 for which an agreement was executed between the parties on 04.03.1992, containing an arbitration clause, for the total value of Rs. 34,92,803/- which was to be completed by 03.09.1993.

4. As per the appellant, additional work was done which was necessary for completion of the bridge and the inflow of traffic. The appellant, on the direction of the Engineer In-charge and assurance of extra payment, executed ce