STATE OF WEST BENGAL Vs. TAPAS KUMAR HAZRA

JUDGEMENT

(1.) This is an application under Sec. 34 of the Arbitration and Conciliation Act, 1996 challenging the award passed by the Ld. Sole Arbitrator dtd. 2/9/2011. The petitioner had invited item rate tender for construction of Sub-Divisional Court at Kalyani in the District of Nadia (Structural portion) two storied building for an estimated cost of Rs.1,21,38,824.00. The respondent had participated in the said tender process and offered less rate of 2.90 % i.e. Rs.1,17,86,798.00 than the estimated cost fixed by the petitioner. The rate quoted by the respondent was accepted and work order was issued in favour of the respondent on 9/1/1997. After issuance of work order an agreement was entered between the parties and as per agreement, the tender amount was Rs.1,17,86,798.00, date of commencement was 15/1/1997, time of completion was 18 months and date of completion was 14/7/1998.

(2.) On 15/7/2002, the respondent had made request to the Chief Engineer, Public Works Department, Govt. of West Bengal for appointment of Arbitrator and accordingly in terms of Clause 25 of the agreement, an Arbitrator was appointed. The respondent had raised following claims before the Ld. Sole Arbitrator :

(3.) On completion of pleading and documentary evidence available on record, the Ld. Arbitrator has passed the following Award on 2/9/2011: