CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY Vs. K C ANAND

JUDGEMENT

(1.) THIS is an application under section 33 of the Arbitration Act inter alia for declaration that the arbitration clause contained in the contract dated the 20th of April, 1971 is invalid and void, for declaration that the appointment of Sri S. Sinha as the sole Arbitrator is invalid and without jurisdiction. Alternatively appointment of said sole Arbitrator be set aside and liberty given to the petitioner to appoint an arbitrator, for injunction and other reliefs.

(2.) THE facts of this case which lies on a very short compass as it involves the interpretation of the arbitration clause in the contract and the effect of superstition of an authority under a west Bengal Act.

(3.) IT appears that thereafter by an order made by the State Government: in exercise of the power conferred under section 90 (A) of the Calcutta Metropolitan Water and Sanitation Authority Act, 1966, the said C. M. W. S. A. was superseded for a period of one year from 12th of February, 1974. The consequence of such suppression is provided by amendment of the Calcutta metropolitan Water and Sanitation Authority Act, 1968 and incorporated in section 90 (b) which are inter alia as follows :