JUDGMENT :

BISWANATH RATH, J.

1. Arbitration Appeal has been filed U/s.37(1) (b) of the Arbitration and Conciliation Act, 1996 and involves a challenge to the judgment of the District Judge, Sambalpur in Arbitration Petition No.2 of 2004 dated 27.11.2006 where the District Judge while dismissing the Arbitration Petition confirmed the award passed by the learned Arbitrator involving Arbitration Case No.2 of 2001.

2. Advancing his argument Shri S. Mohanty, learned counsel for the appellant confined his submission involving challenge to the Arbitration petition No.2 of 2004, thereby mostly restricted his submission to the extent that for the receipt of the payment on final bill without protest and having no claim any further involving the contract, whether the Arbitrator as well as the District Judge arrived in right conclusion involving the award and judgment therein? Of course in filing the written note of argument Sri Mohanty, extended his claim to interest part also.

For the limited nature of challenge involving both the award as well as the judgment involved herein, this Court need not go to all the factual aspects involved herein except the factual aspect which is relevant for deter