STATE OF WEST BENGAL Vs. CHOWDHURY CONSTRUCTION

JUDGEMENT

(1.) CAN 1 of 2021- 1. We have to decide on the application under Sec. 5 of the Limitation Act, 1963, first before considering admission of the appeal. There a delay of 355 days in filing the appeal.

(2.) This appeal arise from a judgment and order dated 21st December, 2019 made by the learned Judge, Commercial Court at Asansol, in an application under Sec. 34 of the Arbitration and Conciliation Act, 1996 by the appellant. It challenged an award dated 27th June, 2018 made by the learned Arbitrator. The petitioner before the court was the State of West Bengal.

(3.) This arbitration arose out of a typical works contract. The learned Arbitrator awarded Rs.33,19,300.00 on account of onsite expenses incurred by the respondent for "prolongation of the work", Rs.1,01,40,800.00 on account of hire charges of machinery deployed at the site, Rs.16,54,790.00 for "additional cost of execution ..", Rs.3,61,653.00 on account of "unusual increment in the price of bitumen" together with interest @12 per annum, the claim aggregating to Rs.13,28,690/-. The counter claim of the government was dismissed.