JUDGMENT :

(Easwaran S., J.)

The appeal arises from the order of the District Court, Thiruvananthapuram dated 22.6.2010 in O.P(Arb.) No.238/2006 by which the award of the arbitral tribunal was set aside.

2. Facts of the case

The appellant is a contractor who came out successful in competitive bidding for execution of the works (1) Kerala State Transport Project–RMC-01-periodic renewal of Thaikkad- Kottarakkara Road, (2) KSTP-RMC-03-periodic renewal of Thodupuzha-Kalur-Ounukal Road, (3) KSTP-RMC-08-periodic renewal of Kozhikkode-Mavoor Road and (4) KSTP-RMC-12 periodic renewal of Quilandy-Thamarassery Road.

3. In respect of Road Maintenance Contract-01 (RMC-01), notice of procedure was issued on 28.5.2002 and the original date of completion was on 27.5.2003. An amount of Rs.8,01,89,947/- was fixed and the same was revised to Rs.6,25,66,956.79. The 1^st extension period was approved with liquidated damages upto 31.7.2003 and the 2^nd extension of time was approved with liquidated damages upto31.10.2003.

4. In respect of RMC-03, notice issued to proceed was given on 28.5.2002 and it was completed on 27.5.2003. The original contract amount was Rs.3,93,96,479/- and the revised contract rate wa