JUDGMENT :

Prashant Kumar, J.

1. Heard Sri Atul Dayal, learned Senior Counsel assisted by Sri Krishna Agarwal, learned counsel for the appellant and learned counsel for the respondent.

2. The appellant herein (Agra Development Authority) came out with a tender, for construction of 52 Mutli Storey Super Delux Type Flats in Phase-II, Taj Nagri, Agra. After opening of the bid, the bid of M/S Baba Construction Pvt. Ltd. was found to be the most suitable and was accepted on 15.05.2008. Thereafter, an agreement was executed between the parties. According to the agreement, the date of commencement of work was 25.05.2008 and the project was to be completed on 24.11.2009.

3. The relevant clauses of the agreement are enumerated below for reference:-

“CLAUSE 32: PROTEST/DISPUTES AND ARBITRATION

(a) If the Contractor considers any work demanded of him to be outside the requirements of contract or considers any record or ruling of the Engineer-in-Charge or of his subordinates to be unfair, he shall immediately upon such work being demanded or such record or ruling being made ask in writing for wr