STATE OF WEST BENGAL Vs. USHA RANJAN SARKAR

JUDGEMENT

(1.) The instant appeal is arising out of an order passed on 3rd June, 1993 in Award Case No.125 of 1991. The learned single Judge appears to have dismissed the said application on the ground that the challenge as to the jurisdiction of the High Court to pass an award in terms of the award under the Arbitration Act, 1940 (hereinafter referred to as the "1940 Act") is unsustainable. The real difficulties being faced in hearing the appeal are the absence of relevant documents and record since it appears that the appellant was extremely negligent, lackadaisical and lethargic in pursuing the said appeal. The said appeal was preferred in 1993 and thereafter the appellant did not take any steps for hearing of the appeal.

(2.) However, from the memorandum of appeal it appears that ground (i) to (v) are devoted to the jurisdiction of the learned single Judge in receiving the award and passing judgment upon the award. The ground (vi) and ground (vii) relate to the jurisdiction of the arbitrator in granting interim interest.

(3.) The learned Counsels for the parties have fairly submitted that the appeal Court should ignore ground (i) to ground (v) of the memorandum of appeal and instead hear the application for setting aside on merits.