J U D G M E N T

1. The appellant has preferred this appeal against the order dated 03.02.2010 passed by learned Additional District Judge, (ADJ) in Arbitration Suit No. 60 of 2006, whereby the objections to the award dated 11.05.2005, filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 [“the Act”] was dismissed by the learned Arbitrator.

FACTUAL BACKGROUND

2. Shorn of unnecessary details, the appellant was awarded a contract for work as C/o NACEN at Sector-29, Faridabad, vide Agreement No. 12/EE/FCD-II/99-2000 by the respondent no. 1. The contract, valued at ₹1,53,054/-, was to be completed on 31.10.1999. However, the work was completed on 03.04.2000, following the grant

of an extension of time, (EOT) from 01.11.1999 to 03.04.2000. Upon completion, the appellant raised claims for the work done, which were disputed by the respondent no. 1. As per the agreement, the dispute was to be referred to arbitration. The appellant approached the Chief Engineer of the respondent no. 1 for the appointment of an arbitrator, but no appointment was made. Consequently, the appellant filed a suit under Sections 8 and 11 of the Act, before the Learned ADJ, Sh. D.K.