P.K.Chattopadhyay, J. - (1.) This appeal is directed against the judgment and order dated 13th May, 1998 passed by the learned single judge while deciding the application filed by the appellant hereinunder sections 30 and 33 of the Arbitration Act challenging the award made and published by the learned Arbitrator on 13th May, 1997.
(2.) Learned single Judge dismissed the application for setting aside the award filed by the appellant herein and passed a decree in terms of the award with an amendment that interest should be charged at the rate of 12% instead of 18% as was directed by the learned Arbitrator.
(3.) The appellant has challenged the said judgment and order passed by the learned single Judge in the present appeal on the grounds that there was delay in preferring the claim and accordingly, Arbitrator should have rejected the claim on the ground of limitation and secondly, the Arbitrator exceeded his jurisdiction and made an award which is a nullity. According to the appellant, arbitrator had decided the disputes and awarded the claims without considering the terms of the contract properly. Learned counsel of the appellant submitted that by disregarding the terms of contract, Arbitrator committed jurisdictional error and the learned Arbitrator thereby travelled beyond the scope of the reference.;