P. KALAIYARASAN, J.

This Original Side Appeal is directed against the order, dated 04.02.2010 passed by the learned single Judge in O.P.No.847 of 2010, setting aside the award of the Arbitrator, dated 08.06.2007.

2. The brief facts necessitated to go before the Arbitrator and leading to this Original Side Appeal are as follows :

(i) The appellant is the contractor under the first respondent. The contract was awarded by the first respondent, Chennai Petroleum Corporation Ltd to the appellant, M/s. Boss Infrastructure Pvt., Ltd., for providing pavement with concrete blocks on the sides of the roads at Refinery III Projects expansion. The contract is an item rate lumpsum contract. The contract was entered into between the parties on 09.08.2004 for an amount of Rs.1,19,11,854/- and the work was agreed to be completed in 8 months reckoned from the date of issue of letter of acceptance by the contractor. The additional work of providing red oxide over concrete blocks was also entrusted by CPCL to the same contractor to a value of Rs.8,78,296.50/-. The work was to be completed by 30.03.2005 and the entire work including the red oxide to be completed by 30.05.2005.

(ii) The Defect li