JUDGMENT

L. MOHAPATRA, J. : This appeal is directed against the judg¬ment dated 23.7.2002 passed by the learned District Judge, Khurda at Bhubaneswar in Arbitration Misc. Case No.185 of 2001 rejecting the application filed by the applicant under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter after called as the ‘Act’).

2. The claimant-respondent had been entrusted with the work of construction of six numbers of Type-I, 12 numbers of Type-II and six numbers of Type-III quarters for an estimated cost of Rs.30,46,465.30 by the appellant under an agreement. The respondent was required to complete the work within 18 months and as per the terms of the agreement the date of commencement of the work was 26.2.1991 and the date of completion was fixed to 25.8.1992. According to the appellant due to inefficiency, negligence and default of the claimant-respondent the work did not progress properly and in spite of repeated instructions to the claimant-respondent to complete the work, the same could not be completed and on 28.8.1996 notice was issued to show-cause to the claimant-respondent and in absence of any response from the side of the claimant-respondent the contrac