SAMIR KUMAR GHATAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against order dated Nov. 21, 1997 passed by the learned Assistant District Judge, 2nd Court, Barasat in Title Suit No. 323 of 1996 thereby allowing an application under Sections 30 and 33 of the Arbitration Act.

(2.) There is no dispute that there was a clause in the agreement between the parties for referring the dispute to an arbitrator and in view of such agreement the matter was referred to a sole arbitrator. Pursuant to such reference, the arbitrator passed an award in favour of the appellant thereby holding that the appellant was entitled to get Rs. 23,71,952/- only. It was further ordered that if the said amount was not paid within three months from the date of the award, the respondent would pay interest at the rate of Rs. 12% per annum on the aforesaid total amount upto the date of payment or decree of the award whichever is earlier.

(3.) The present appellant filed an application before the learned trial Judge under Sec. 14(2) of the Arbitration Act for passing a decree in terms of the award. After receiving notice, the respondent raised objection under Sections 30 and 33 of the said Act and the main grievance of the respondent was that the arbitrator acted mechanically without due care and consideration of statement of fact and counter statement and thus misconducted in the proceeding. The further grievance of the respondent was that the arbitrator misconducted himself in awarding interest at the rate of Rs. 14% on Claim Nos. (II) and (IV) for seven and half years without any reason. The respondent further contended that the arbitrator filed to consider that the excess amount claimed was beyond the scope of Clauses 4, 10, 25, 26 and 38 of the tender agreement.