UNION OF INDIA Vs. PARTHA PRATIM CHAKRABORTY

JUDGEMENT

(1.) This Firsit Appeal is directed against the judgment and decree dated 5.3.97 passed by the learned Assistant District Judge No.l, Cachar, Silchar in Title Suit No. 178/92.

(2.) A contract agreement bearing No. EE/ SLC/4/77-89 dated 24.6.88 was executed between the appellant and respondent for construction of additional staff quarters for AIR at Silchar under 7th Plan. As a dispute arose, respondent contractor approached the Court under Section 20 of the Arbitration Act (hereinafter referred to. as "Act") by an order of the Court Sri A.K. Deb Laskar was appointed as sole arbitrator to adjudicate upon the dispute between the parties. Arbitrator entered into the reference and after considering the claims and counter claims of the parties made the award dated 22.11.96 awarding a sum of Rs.2,12,500/- with interest at the rate of 25% as compensation and also a costs of Rs.25,000/ - against the appellant and the award was filed before the Court below which accepted the award and made it rule of the Court and passed the decree in terms of award on 5.3.97.

(3.) Mr. K.N. Choudhury appearing for the appellants has submitted that the learned Court below without giving any notice to the appellant of the filing of the award held that there was no objection and passed the impugned order. Thus, according to the learned counsel the award is not sustainable in law and thus, by way of filing the present appeal the appellant has challenged the legality of the judgment and decree of the Court below. On the other hand, Mr. P.C. Borpujari appearing for the respondent supported the judgment and decree.