SARKAR AND SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against an order dated 28th March, 2005 when the Hon'ble First Court was pleased to set aside the award passed in favour of the appellant.

(2.) The interesting question arose in this appeal that the appellant herein raised a dispute in connection with an agreement entered into between the State of West Bengal and the appellant. The said agreement contained an arbitration clause. The said disputes were referred before the Learned Arbitrator. Appellant duly filed its statement of claim before the Learned Arbitrator and after taking into account the facts of the case placed before the Learned Arbitrator, Learned Arbitrator published his award on 2nd September, 1991. Appellant in the said application claimed interest which was pendente lite interest. It appears from the facts as also submitted before us that at that point of the time Learned Arbitrator refused to grant such pendente lite interest to the appellant.

(3.) The said award was passed under the provisions of Arbitration Act, 1940. The said award thereafter became a decree after appearing before the Court by way of judgment upon award. Such decree was passed on 28th November, 1991. Appellant never raised any objection at that point of time and received the amount under the said decree without making any protest.