WEST BENGAL HOUSING BOARD Vs. ABHISEK CONSTRUCTION

JUDGEMENT

(1.) The instant application has been filed by the petitioner, West Bengal Housing Board ('award debtor'), under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act' and/or the 'the principal Act') seeking to set aside an arbitral award dated December 21, 2018 passed by the sole arbitrator Mr. Santanu Basu Rai Chaudhuri.

(2.) The respondent in the instant application is M/s. Abhisek Construction ('award holder').

(3.) At the very outset, it would be prudent on my part to mention that the instant application has been argued on inherent jurisdictional issues pertaining to the eligibility of the arbitrator to enter reference in the first place. The petitioner/award debtor has prayed for setting of the arbitral award on the ground that the award was passed by a unilaterally appointed arbitrator. It is to be noted that the challenge under the aforesaid ground was not present when the instant application was originally filed on March 15, 2019 and becomes available subsequently due to judicial interpretations on the position of law. The said challenge was vehemently opposed by the respondent, and hence, in this judgment, I have only dealt with the point of maintainability of this Sec. 34 application.