JUDGMENT :

Prayer: This Original Petition has been filed under section 34 of the Arbitration and Conciliation Act that the Award of the second respondent dated 20.10.2010 extent that it rejects the claim of the petition for cancellation charges and allows the counter claims of the first respondent may be set aside.

Aggrieved over the Award of the Sole Arbitrator rejecting the major claim and allowing the counter claim, the present petition has been filed challenging the Award on various grounds.

2. Brief facts leading to filing of this petition is as follows :

The petitioner has been engaged in manufacturing and supply of elevators and escalators and maintenance thereon under the collaboration with Kone Corporation, Finland. The respondent approached the claimant for supply, erection and commissioning of 5 elevators and 7 escalators for their projects one at Poonam Mall and other at Multiplex complex at Wardhaman Nagar, Nagpur. After negotiation, two base agreements were entered into between the claimant and the respondent on 19.12.2005 one in respect of supply, erection and installation of one goods cum passenger elevator and 4 passenger elevators along with service specification and