UNION OF INDIA Vs. S SARKAR

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 30th January, 1996 passed by Shri H. Singh, the learned Assistant District Judge, Alipore in Miscellaneous Case No.8 of 1994, whereby and whereunder the said learned court dismissed an objection filed by the appellant under section 30 of the Arbitration Act, 1940 and passed a decree in terms of the Award. A cross objection to the said decree has been filed on behalf of the respondents on the ground that the learned trial judge ought to have granted future interest. The fact of the matter lies in a very narrow compass.

(2.) The parties entered into an agreement for construction of hostel and technical building at Singharsi. Dispute and difference have arisen between the parties and in terms of the Arbitration Clause contained in the said contract, the same were referred to the Arbitrator. The Arbitrator made an Award on 31st March, 1993. The appellant herein filed an objection under section 30 read with section 33 of the Arbitration Act for setting aside the said Award, whereas the respondent herein filed an application on 7.8.93 for pronouncing a judgment in terms thereof. Before the learned trial Judge, the appellant took a number of objection which are as follows :-

(3.) The learned trial Judge upon taking into consideration the rival contentions of the parties formulated two questions for his determination which are in the following teems :