- (1.) This application under Article 227 of the Constitution of India is directed against an order dated 17th August, 2009 passed by the learned Additional District Judge, Eighth Court at Alipore in Misc. Appeal No. 91 of 2004 by which the petitioner's appeal under Section 37(2) of the Arbitration and Conciliation Act of 1996 was rejected on contest. The petitioner is aggrieved by the said order. Hence the petitioner has come before this Court with this application under Article 227 of the Constitution of India.
(2.) Heard Mr. Basu Chowdhury, learned Advocate, appearing for the petitioner and Mr. Ghosh, learned Advocate, appearing for the opposite party. Considered the materials on record including the order impugned.
(3.) Let me now consider as to how far the learned Appeal Court was justified in passing the impugned order in the facts of the instant case. Admittedly the dispute between the petitioners and the opposite party No.1 is covered by an arbitration agreement which provides for settlement of the dispute arising out of their contract as per Clause 3.67 of the agreement which runs as follows: "All the disputes and differences arising out of or in any way touching or concerning this contract shall be referred to the sole arbitration of the Chairman-cum-Managing Director, Hindusthan Copper Limited or any officer nominated by him in this behalf. No objection shall be taken on the ground that the arbitrator so appointed is an employee of the company and that he has or had to deal with the matters to which the agreement or the reference relates or that in the course of his duties he had dealt with or expressed views on all or any of the matters covered by the reference. The award of the arbitrator shall be final, conclusive and binding on all the parties to the contract. In the event of arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason or his award being set aside by the Court for any reason, it shall be lawful for the Chairman-cum- Managing Director, Hindusthan Copper Limited, to appoint another arbitrator in the place by the outgoing arbitrator in the manner as aforesaid.";