STATE OF WEST BENGAL Vs. RAKHAL CHANDRA BANERJEE

JUDGEMENT

(1.) In this appeal the judgment and decree dated 26th May, 2000 passed in O.C. (Arb.) Suit/Case No. 59 of 1997 and Misc. Case No. 7 of 1998 by the Learned Civil Judge (Senior Division), Siliguri have since been challenged. This Appeal arises out of a decree making the award Rule of the Court after refusing to set aside the award.

(2.) Mr. Amaresh Bhattacharyya, however, points out that this appeal is an appeal under Sec. 39(vi) of the Arbitration Act, 1940 and not an appeal under Sec. 17 of the 1940 Act. However, the Memorandum of appeal appears to be misleading. As prayed for, we grant leave to Mr. Bhattacharyya to amend the preamble of the appeal to confine the appeal within the meaning of Sec. 39(vi) of the 1940 Act. We grant this leave on the ground that the order is a composite on which proceeds to make the award a Rule of the Court, simultaneously, after refusing to set aside the award.

(3.) Mr: Bhattacharyya had contended that according to the terms of the agreement, no compensation could be awarded. Therefore, the grant of compensation is wholly without jurisdiction and could not be comprehended within the scope of the dispute arising out of the contract. Therefore, the arbitrators had misconducted themselves in awarding compensation, which is beyond their jurisdiction. This point was, however, sought to be supported by the learned Counsel for the respondent that because of the delay, which emanated from the failure on the part of Mr. Bhattacharyya's client the claimant is entitled to compensation.