EXECUTIVE ENGINEER Vs. UTTAM KUMAR SAHA

JUDGEMENT

(1.) This an appeal under the provision of Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter refer to as the said Act) assailing an order of dismissal dtd. 16/3/2022 of the appellant's application under sec. 34 of the said Act challenging an arbitral award dtd. 30/7/2017 and an additional award dtd. 26/10/2017.

(2.) The facts of the case are as follows:- The appellant pursuant to a Notice Inviting Tender (in short NIT) entered into an agreement with the respondent, the successful bidder on 11/6/2014. The date of starting the work was 15/5/2014 and the date of completion as originally fixed was 14/1/2015. The work under the contract was construction of sea wall between Km 187.20 to 187.40, km 190.00 to 190.20, km 192.40 to 192.65 and km 193.40 to 193.50 the aggregate of which was 750 meters (hereinafter refer to as the said work). The work could not be commenced despite the petitioner providing performance guarantee and making other necessary arrangements to start the work as the respondent failed to provide the work site. The respondent had applied for foreclosure of the contract on 3/10/2014 but the same was allowed only on 29/4/2015. As disputes and differences arose between the parties, the arbitration agreement contained as a clause in the said agreement was invoked. The learned Arbitrator was appointed by an order dtd. 27/11/2015.

(3.) Before the learned Arbitrator, the respondent submitted in total nine claims including costs. The learned Arbitrator has allowed claim No. 1 to the extent of Rs.1,99,566.00 as principle sum along with interest @12% from