UNION OF INDIA Vs. MADHUSUDAN GARAI

JUDGEMENT

(1.) This application has been filed under sections 30 and 33 of Arbitration Act, 1940 for setting aside an award dated 14.12.2000 passed by the Arbitrator. The award was published by the Arbitrator in respect of disputes and differences between the parties arising out of the agreement No. 5/KCD/1992-93 relating to construction of road along with India Bangladesh border in Nadia District, West Bengal, from SP 145 to BP 148 and surface dressing on the said stretch of 9.411 km. of the road to be constructed.

(2.) Along with this setting aside application, a petition under section 5 for condonation of delay was also filed. The Court heard the section 5 application along with the setting aside petition. This Court considering the explanation given in the said section 5 application is of the opinion that delay in this case should be condoned and as such this Court condones the delay.

(3.) In fact, the learned counsel for the respondent claimant has very fairly submitted that he is not pressing the grounds of delay and he has submitted that the Court may proceed to consider the merits of the setting aside application. As such condoning the delay, the Court proceeds to consider the setting aside application on merits.