VISVA BHARATI Vs. SARKAR AND SARKAR

JUDGEMENT

(1.) This is a section 34 application. It is made by Visva Bharati to set aside an award dated 15th February 2006 passed by a learned Arbitrator. He was appointed by an order dated 22nd May 2003 of the Hon ble the Chief Justice of this Court, in a section 11 application (A.P. No. 32 of 2002).

(2.) The award has directed Visva Bharati to pay a sum of Rs. 1,74,607/- to the respondent contractor. This award represents awards for claim Nos. 1,2,3,4 and 5 together with a sum of Rs.1,00,000/-(Rupees one lakh) awarded as costs. Further, interest has been awarded @ 12% per annum on Rs.1,74,607/- from 18th December 2001 till the date of the award and @15% per annum from the date of the award till payment. No interest has been awarded on costs.

(3.) The petitioner Visva Bharati entered into a contract with the respondent, by a work order dated 25th February 2000. The respondent contractor was to construct one class room, computer and teacher s room for the use of the department of Plant Protection at Sriniketan. The value of the contract was Rs.3,33,139.79/-. Work was to begin from 6th March 2000. Twenty weeks were stipulated for completion which was to end on or about 23rd July 2000.