(1.) The present appeal before us is against a judgment of an Hon'ble Single Judge of this Court rejecting an application filed under section 34 of the Arbitration and Conciliation Act, 1996 (the Act) for setting aside an award made and published by Sri Satyabrata Mitra, a retired Judge of this Court. The appellant before us is Union of India, who had entered into an agreement with the respondent for the purpose of construction of an industrial covered loco shed and certain allied works at a place close to Calcutta, being Santragachi. The respondent had entered into the agreement after being successful in a tender floated by the railway administration, being a department of the appellant.
(2.) The agreement contained an arbitration clause being clause 64 of the general conditions of contract, the text of which is reproduced below :
(3.) The Arbitrator in the present appeal was appointed by the Hon'ble Chief Justice of this Court in exercise of his power under section 11(6) of the Act. The Arbitrator had awarded a sum of Rs. 74,95,177/- (rupees seyenty-four lacs ninetyfive thousand one hundred seventy-seven) together with interest at the rate of twelve per cent per annum from 19th April, 1994 till the date of the award within 28th February, 2002 and in default thereof the Railway Authorities were directed to pay further interest on the sum awarded at the rate of twelve per cent per annum from the date immediately following the date of the award till payment. Under the head "cost", a sum of Rs. 2,44,082/- (rupees two lacs forty four thousand eighty two) was awarded. The award was signed and made on 25th January, 2002. The break-up of the amount awarded against individual claims is reproduced below: <FRM>ASH291101.htm</FRM>
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