WEST BENGAL STATE ELECTRICITY BOARD Vs. BENGAL TRADERS

JUDGEMENT

(1.) A very short question is involved for determination in this appeal against the judgment of a learned single Judge of this Court passed on 1st April, 1993 in Award Case No.471 of 1999 whereby he refused to set aside the award and dismissed the application of the appellant for this purpose.

(2.) The Arbitrator had awarded a sum of Rs. 3,50,000/- in favour of the respondent No.1 and against the appellant. After incorporating certain recitals in the opening parts of the Award the Arbitrator finally held thus :

(3.) The sole ground taken by the appellant before the learned single Judge in assailing the award and in praying for its being set aside was based on clause 49 of the agreement between the parties which reads as under :