STATE OF WEST BENGAL Vs. AND A MONDAL

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant,, the state of West Bengal, against the judgment and order dated March 1, 1984 of a learned single Judge of this Court dismissing the application of the appellant under sections 30 and 33 of the Arbitration Act, 1940.

(2.) THE appellant invited tenders for the construction of a Primary Health centre at Madhab Nagar, P. S. Pathar pratima, District - 24 Parganas. The appellant accepted the tender of the respondent and entered into a contract with it for the construction of the said Primary Health Centre at the rate mentioned in the contract. The contract also contained an arbitration clause.

(3.) THE respondent by its letter dated august 21, 1981 raised a dispute claiming, inter alia the enhancement of the rate by 30% in respect of the work done by the respondent during the extended period. By the said letter the respondent also claimed the appointment of an arbitrator within a period of fifteen" days of the date of the letter. After the expiry of the said period, the respondent filed an application before a learned judge of this Court under section 8 of title Arbitration Act praying for the appointment of an arbitrator. The appellant opposed the said application on the (ground that the claim of the respondent was barred by limitation. The learned judge, however, by her order dated AJIa: ch 12, 1982 appointed Sri D. M. Mukhjerjee, a retired Chief Engineer of the Government of West Bengal, the arbitrator