JUDGMENT

S.C.PARIJA, J. - This appeal by the State is directed against the judgment dated 04.12.2004, passed by the learned District Judge, Khurda at Bhubabeswar, in Arb. Misc. Case No. 139 of 2001, dismissing the application of the State-appellant filed under Section 34 of the Arbitration and Conciliation Act, 1996, for setting aside the award passed by the learned Arbitrator.

2.The brief facts of the case is that the State –appellant had floated a tender for the work “construction of Compound Wall and Internal Roads for the Staff Quarters of Director of Technical Education and Training, Orissa at Chandrasekharpur, Bhubaneswar”. The estimated cost of the work was Rs. 13,20,000/- and the respondent-contractor submitted his tender for the said work at the tender value of Rs. 17,50,977/-, which was accepted. Thereafter the respondent-contractor signed the F2 agreement on 21.12.1996 and was issued with the work order. As per the agreement, the respondent-Contractor was required to complete the work within six months from the date of signing of the agreement and as requested by the