STATE OF WEST BENGAL Vs. SARKAR AND SARKAR

JUDGEMENT

(1.) This application under section 34 read with section 13 and section 16 of the Arbitration & Conciliation Act, 1996, hereinafter referred to as the 1996 Act is for setting aside of an award made and published by the learned Arbitrator, Sri Sudhanshu Sekhar Ganguly, a retired Judge of this Court on 23rd April 2004.

(2.) Sometime in 1995 the petitioner invited tenders for the construction of the office complex of the Sub Divisional Officer, Bolpur, including the Treasury. As per the tender notice, the estimated value of the work was Rs.61,92,900/- and the time stipulated for completion of the tender work was 24 months.

(3.) The tender submitted by the respondent No. 1 was accepted, the same being the lowest, and the petitioner was awarded the contract for the construction work. The contract contained an Arbitration Clause in terms whereof disputes were to be referred to the sole arbitration of the Chief Engineer of the Department. If the Chief Engineer were, for any reason unwilling or unable to act, the disputes were to be referred to an Arbitrator, to be appointed by the Chief Engineer.