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7. On 19.02.2000, notice under Section 21 invoking arbitration clause i.e. Clause No.53 of the tender condition was issued seeking appointment of Arbitrator.

8. On 02.05.2000, Shri. D. B. Murkute, (Sole Arbitrator), Retired Superintending Engineer was appointed as Sole Arbitrator by the claimant contractor.

9. On 06.06.2001, Shri. D.B. Murkute (Sole Arbitrator) along with a forwarding letter addressed to the Executive Engineer, sent a copy of Arbitration Award which was passed by him in favour of the claimant contractor.

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10. The Arbitration Award passed by Shri. D. B. Murkute (Sole Arbitrator) was challenged under Section 34 of Arbitration and Conciliation Act, 1996 by the appellant (Department) by filing MARJI No. 201/2021 on 30.08.2001 and the learned Principle District Judge Shri. T. V. Nalawade on 17.08.2009 allowed the Application, thereby setting aside the Arbitration Award.

11. On 09.08.2010, the Hon'ble High Court (Coram: Shri. B. R. Gawai J.) by common judgment and order passed in Arbitration Appeal No.14/2009, 18/2009 and 19/2009 partly allowed the appeals thereby set aside the Judgment dated 17.08.2009 passed by the Principle District Judge setting aside the Arbitration Award, and also set aside the Arbitration Awards. The Hon'ble High Court appointed Shri. A. S. More (Superintending Engineer and Administrator, Command Area Development Authority, Jalgaon) to act as Sole Arbitrator and decide the Arbitration within 06 months from the date of appearance.

12. On 24.08.2010, Claim Statement were filed by the claimant contractor.

13. On 23.09.2010, Written Statement was filed by the appellant /original opponent Department.

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14. On 15.11.2010, Rejoinder was filed by the claimant contractor.

15. Since the Sole Arbitrator Shri. A. S. More could not deliver the Arbitration Award within 06 months as directed by the Hon'ble High Court, and his mandate had been terminated by efflux of time, in exercise of powers under Sec. 11 (6) the Hon'ble High Court appointed Hon'ble Shri. N. P. Chapalgaonkar, Retired High Court Judge as Sole Arbitrator.

20. On 25.11.2013, MARJI No.596/2013 was filed by the appellant Department challenging the Arbitration Award under Section 34 of the Arbitration Act. The paragraph No.9 of the Appeal Memo records that, for the purpose of court fees and jurisdiction the claim is valued at Rs. 11,31,441/-.

On 22.02.2016, the challenge to the Arbitration Award under Section 34 of the Arbitration and Conciliation Act, 1996, in the form of MARJI No. 596/2013 was rejected by the Learned Principle District Judge, Aurangabad.