STATE OF WEST BENGAL Vs. INDIA CONSTRUCTION CO

JUDGEMENT

(1.) THIS is an application by State of West Bengal under Sections 30 and 33 of the Arbitration Act for setting aside the award, dated 18th March, 1988 made and published by the sole arbitrator Mr. Anil Kumar Mitra. THIS is an arbitration without the intervention of the Court and the arbitrator is a retired Chief Engineer of Irrigation and Waterways Department of the Government of West Bengal.

(2.) THEREAFTER, the contractor, that is, the respondent No. 1 herein raised a dispute by a letter, dated 16th November, 1985 before the Chief Engineer Irrigation and Waterways Department; Government of West Bengal claiming a sum of Rs. 53,79,422.30p and prayed for referring the same to the arbitration and thereafter the Chief Engineer, Irrigation and Waterways Department, Government of West Bengal appointed one Anil Kumar Mitra, the retired Chief Engineer as the sole arbitrator for adjudication of the disputes. According to the petitioner before the arbitrator, claimant submitted statement of claim, claiming a sum of Rs. 79,89,973.30p and the main contention of the respondent No. 1 was that the State, the petitioner in this application was responsible for delay in the execution of the work.

(3.) IT is also the contention of the petition that the learned the arbitrator after hearing the submission of the parties in about 28 sittings made and published his award on 18th March, 1988 for a sum of Rs. 46,70,60D plus interest at the rate of 12% per annum on the said amount with effect from the completion of the 90 days of declaration of the said award till the date of payment or decree whichever is earlier.