JUDGMENT :

1. This is an arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short 'Act, 1996') challenging the judgment dated 21.08.2021 passed by the Commercial Court, Jhansi in Arbitration Misc. Case No. 3 of 2017 under Section 34 of the Act, 1996.

2. Briefly stated facts of the present case are that the appellant-herein invited tenders for the work of Modernization, Interior, Electrical and other allied work at Auditorium, Convention Centre and at Conference Room in the Bundelkhand University, Jhansi. The contract was awarded to the respondent-claimant and an agreement dated 27.05.2004 was entered into between the parties. The agreement provides for additional work also. As per agreement, the schedule of rates were made part of the agreement. Copy of agreement has been appended as Annexure-1 to the appeal. The agreement contains an arbitration clause. Since, despite notice of the claimant-respondent, the appellant-University could not appoint any Arbitrator, therefore, the claimant filed an application under Section 11(6) of the Act, 1996 and the Arbitrator was appointed by the High Court. Before the Arbitrator, the claimant filed his claim and