STEEL AUTHORITY OF INDIA Vs. ENGINEERING CONSTRUCTION SERVICES

JUDGEMENT

(1.) This is an application under sections 30 and 33 of the Arbitration Act, 1940, made by the petitioner challenging the validity of the Award passed by the learned Arbitrator, a retired Judge of this Hon'ble Court on 1st January 1998.

(2.) It is to be remembered that initially a suit was instituted in the High Court at Calcutta by the respondent herein preferring various claims for the purpose of obtaining decree on such claim as against the petitioner. In the said suit an application was filed by the petitioner herein under section 34 of the Arbitration Act 1940 stating that all the claims are covered by the terms of Arbitration in between the parties.

(3.) In disposing of the interlocutory application as well as the application under section 34 of the Arbitration Act, 1940, a Single Bench of this Hon'ble Court was pleased to appoint Justice Sudhamoy Basu, a retired Judge of this court to enter upon the reference in respect of all matters in controversy in this suit including the costs and incidentials to the suit and also counter claim, if any, of the petitioner against the respondent by giving a summary power.