STATE OF TRIPURA Vs. ASHES DEB, CONTRACTOR

JUDGEMENT

(1.) These civil revision petitions are directed against the common order dtd. 20/8/2022 passed by the District Commercial Court, West Tripura, Agartala in case No. Ex (M) 29 of 2021 and Ex (M) 30 of 2021.

(2.) The factual context of the case is as under: In the arbitral proceeding No. 09(SCD) of 2019 in respect of a dispute between Shri Ashes Deb, contractor (petitioner) and the Executive Engineer, Longthorai Division, Public Works Department (R and B) (O.P.) arising out of work order No. F.8(8)/EE/LTV/D/3028-39 dtd. 11/12/2019, Shri Justice S.C. Das, former Judge of the High Court of Tripura was appointed as the sole arbitrator in which the following arbitral award was passed on 29/1/2021:

(3.) Shri Ashes Deb, being the award holder under the said arbitral award approached the Commercial Court seeking enforcement of the award in terms of Sec. 36 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act" for short). His application was registered as Ex (M) 30 of 2021. The State-respondent against whom the arbitral award was passed raised objection by filing application under Sec. 47 CPC which was rejected by the Commercial Court by the impugned order and the State-respondent was directed to pay the whole amount of award to the award holder petitioner.