SACHINANDAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application under Sections 5, 11 and 12 of the Arbitration Act, 1940. The facts are as follows : In respect of the Contract entered into by the petitioner and the respondent State of West Bengal in connection with the work for "land development of 50 acres of land in Rehabilitation Colony" at Durgachak, Haldia, tender No.6SE(A) of 1981-82 Group A, submitted by the petitioner has been duly accepted. The contract was subject to the general conditions of the contract in which there was an arbitration agreement being clause 25, as set out in paragraph 3 of the petition.

(2.) AS disputes and differences arose between the parties, the petitioner asked the Chief Engineer to refer such disputes to arbitration. AS that was not done, an application under S. 8 of the Arbitration Act was filed.

(3.) ULTIMATELY on 22/01/1990 the petitioner withdrew the excess claim and indicated that he would agitate the claim of Rs. 8,15,140/ -. On 9/02/1990 the respondent No.1 filed its counter-statement of facts denying each of the claim of the petitioner. That apart the respondent No.1, in the said counter statement of facts raised and pleaded a counter-claim of Rs. 8,17,000.00 against the petitioner and sought. for an award against the petitioner as per the said counterclaim, although at no point of time the respondent No.1 ever asserted any claim on the petitioner for which the respondent No.1 was precluded from raising any counter-claim against the petitioner.