STATE OF TRIPURA Vs. R.N. GHOSH

JUDGEMENT

(1.) THE instant appeal under Section 39 of the Arbitration Act, 1940 is filed by the State Appellants against the judgment and decree dated 9.7.1999 passed by the learned Civil Judge (Senior Division) Court No. 1, West Tripura, Agartala in T.S. (Arb.) 15 of 1995 whereby and where under learned Civil Judge made the award of the sole arbitrator a rule of the court.

(2.) HEARD Mr. S.M. Chakraborty, learned senior counsel assisted by Mr. S. Bhattacharjee, learned Counsel for the State Appellants as well as Mr. M.N. Indu, learned Counsel for the Respondent.

(3.) AS the Chief Engineer, PWD did not appoint any arbitrator, the Respondent contractor filed an application under Section 8(2) of the Arbitration Act, 1940 in the court of Assistant District Judge, Court No. 1, Agartala, West Tripura, which was registered as T.S.(Arb.) 15 of 1995. Upon hearing the parties, the learned Assistant District Judge directed the Chief Engineer, PWD to appoint an Arbitrator for deciding the dispute between the parties and accordingly, Mr. K.K. Sinha, the Superintending Engineer, Monitoring Cell, PWD, Agartala was appointed as sole arbitrator to arbitrate the matter vide Memorandum dated 18.7.1996.