JUDGMENT :

S.K. Mishra, J. - This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act" for brevity) preferred by the Union of India (hereinafter referred to as to the "UOI" for brevity) assailing the judgment passed by learned District Judge, Khurda at Bhubaneswar, in ARBP No.36/2009, dismissing the petition filed by the UOI under Section 34 of the Act as per the judgment dated 22.12.2011.

2. The facts leading to filing of this appeal may be succinctly stated as follows :-

Pursuant to the invitation of tender by the UOI and submission of the offer by claimant-respondent, the work of construction of Regional Training Centre, C.I.S.F., Mundali, Cuttack (Odisha) S.H.: site Development and Bulk Services (Civil & Electrical) SW: Construction of one lakh litre capacity 20 Mt staging height R.C.C. overhead tank and one lakh litre capacity R.C.C. underground sump was awarded on 5.1.2001 for Rs.22,65,646 with a stipulated date of start of the works on 15.1.2001 and the stipulated date of completion as 14.10.2001, the time of completion being nine months. Within the scope of work the construction of one overhead tank and one undergr