LAWS(CAL)-2011-1-151

STATE OF WEST BENGAL Vs. J S INDUSTRIES

Decided On January 21, 2011
STATE OF WEST BENGAL Appellant
V/S
J AND S INDUSTRIES Respondents

JUDGEMENT

(1.) This appeal is directed against judgment and/or order dated 30th August, 2005 passed by the learned 8th Court of City Civil Court at Kolkata in Misc. Case No 1338 of 2003 and Title Suit No 81 of 2003. The said learned Court dismissed an application instituted under sections 30 and 33 of the Arbitration Act, 1940 by the State of West Bengal challenging an Award published on 30th December, 2002 by the learned Arbitrator.

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

(3.) The respondent raised a dispute and requested the Chief Engineer to refer the matter for arbitration, since there was an arbitration clause contained in the said contract (in particular Clause 25) for settlement of the disputes between the parties.