LAWS(CAL)-2010-10-31

UNION OF INDIA Vs. PAM DEVELOPMENTS P LTD

Decided On October 05, 2010
UNION OF INDIA Appellant
V/S
PAM DEVELOPMENTS (P) LTD. Respondents

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 11th September, 2007 passed by the Hon'ble First Court dismissing the application filed by the Appellant herein under sections 30 and 33 of the Arbitration Act, 1940 (hereinafter referred to as the said Act) for setting aside of an award published by the learned Arbitrator dated 20th May, 2003 with costs.

(2.) The facts of the case briefly are as follows:

(3.) On 17th January, 1994 a consolidated letter of claim was submitted by the Respondent to the Petitioner and the Respondent had lodged a purported claim of Rs. 31,18,369/- and requested the Petitioner to refer the disputes to arbitration in terms of clause 64 of the General Conditions of Contracts 1974. The Appellant denied such request of the Respondent by its letter dated 17th January, 1994. Application was filed by the Respondent for appointment of an arbitrator before the learned First Assistant District Judge at Howrah whereby an order was passed on 29th November, 1994 directing the Appellant to appoint an Arbitrator to decide the disputes within one month.