(1.) THIS appeal is directed against the judgment and order dated January 19, 1979 passed by T. K. Busu J. By and under the said judgment and order the learned trial Judge dismissed the application made by the appellant under Ss. 16, 30 and 33 of the Indian Arbitration Act, 1940 inter alia for selling aside of an award dated May I, 1978 made by the arbitrator Col. Gurcharan Singh.
(2.) BY and under a contract dated 28th September 1972 executed within the jurisdiction of this Court, by and between the appellant and the respondent, the respondent agreed to construct for the appellant single man accommodation and messes and certain external services, phase IA (Left Zone) at Binaguri, District Jalpaiguri. The agreed value of the said constructions agreed to be constructed by the respondent was Rupees 1,06,77,167.65 paise. The said contract contained inter alia the following terms:--
(3.) THE respondent undertook the work and completed the same,