JUDGMENT :

Biswanath Rath, J.

The above appeal involves challenge to the judgment passed by the District & Sessions Judge, Koraput at Jeypore dated 7.05.2012 involving Arbitration petition No.1 of 2012 and also involving setting aside of the award passed by the sole arbitrator on 4.10.2009 as appearing at Annexures-6 & 5 respectively.

2. Short background involved in this case is that pursuant to the appointment of the sole arbitrator by the order of the High Court dated 18.01.2008 in Arbitration petition no.3 of 2005, the respondent herein submitted a statement of claim involving tender notice vide Annexure-1, the work order vide Annexure-2 and the agreement between the parties vide Annexure-3. The factual backdrop as borne from the statement of the claim by the present respondent is that the Integrated Triban Development Authority (hereinafter in short reflected as ITDA), Koraput invited a tender for work involving construction of hostel building and staff quarters for the purpose of model school at Pungar in the district of Koraput at an estimated cost of Rs. 1,71,00,000/- (Rupees One crore seventy one lakh) vide tender call notice no.1388 dated 15.05.2002 as appearing at Annexure-1