STATE OF WEST BENGAL Vs. ANIMESH RAY

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 21.12.91, of the learned Second Assistant District Judge, Midnappre in J. Misc. case No. 10 of 1991, whereby the learned Judge rejected the appellant's application under Sections 30 and 33 of the Arbitration Act.

(2.) The Arbitrator pronounced an award, inter alia, directing return of the earnest money of Rs. 20,000.00, payment of Rs. 6,11,500.00 in full and final settlement in respect of the claims of the claimant. There were directions for payment of interest as also for cost.

(3.) The crux of the submissions, made on behalf of the appellant before us, has been that the award suffered from errors apparent on the face of it and for the purpose of substantiating the said point it was contended on behalf of the appellant that (i) the Arbitrator awarded an amount, which was higher than the amount of the claim of the claimant, (ii) the claim of the contractor for the alleged extra works done by him could not be said to be a work done in terms of the contract and as such any dispute relating thereto could not constitute a matter for reference to arbitration, in terms of the relevant clause in the said contract, and, (iii) the Arbitrator mis-conducted himself by not having taken into consideration the documents before him as could be found from the statement in the award itself, which expressly failed to record that all (under lining is mine) the documents and papers had been so considered by the Arbitrator and also for non-consideration of the counter statement of facts.