TARUN KANTI CHOUDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has challenged an Award made and published on 22nd January, 2008 by a Sole Arbitrator and has prayed for setting aside of the said Award under Section 34 of The Arbitration and Conciliation Act, 1996. The learned Arbitrator had been appointed by an order of this court dated 23rd September, 2004.

(2.) The impugned Award relates to a contract entered into on 14th March, 2000 between the petitioner and the respondent for "Strengthening of Weak lane Flexible Pavement on NH 6 from 85 to 87 and 93 to 96 kmp." for an amount of Rs.3,34,40,228/-. The stipulated date for commencement of work was 14th March, 2000 and the work was to be completed within 24 months ending on 13th March, 2002. The petitioner was the claimant in the arbitration proceedings.

(3.) The grievance of the petitioner which led to filing of the Claim before the learned Sole Arbitrator was increase in the price of fuel, diesel and Bitumen compared to the price submitted at the time of tender leading to the petitioner incurring excess expenditure. The petitioner also complained against the delayed payments made by the respondent which resulted in other losses suffered by the petitioner. The Claims made by the petitioner as would appear from the Statement of Claim was on account of compensation for statutory increase in the price of Bitumen, diesel and Mobil as well as compensation on account of wages paid to workers who remained idle due to suspension of the work for reasons attributable to the respondent. The petitioner further claimed compensation on account of interest on blocked capital borrowed from banks. The total sum claimed by the petitioner was Rs.64,21,270/- together with interest, further interest and costs.