JUDGEMENT
MOUSHUMI BHATTACHARYA,J. -
(1.) The impugned Award under challenge in this application under Section 34 of The Arbitration and Conciliation Act , 1996 (the Act) is of a
learned Sole Arbitrator and is dated 21st January, 2010.
(2.) The disputes and differences between the parties arose out of a contract relating to a "Special Repair Programme 2000-2001" for different
stretches of the National Highway-II under the Hooghly Highway Division
No. II, for which the petitioner published a tender and the respondent was
selected as the successful bidder. A formal work order was issued by the
petitioner in favour of the respondent on 26th March, 2001 and the work was
to be completed within a period of six months under the contract. Due to
disagreements arising between the parties, the respondent invoked the
arbitration clause in the contract by its letter dated 20th June, 2003 and the
learned Sole Arbitrator was appointed thereafter in an application under
Section 11 of the 1996 Act.
(3.) The respondent herein was the claimant before the learned Arbitrator. The respondent made several claims including for hire charges of land for
installation of machinery, camp office, etc., idle charges for plant and
machinery for the failure of the concerned department of the respondent to
ensure cash flow, idle labour and equipment charges, refund of security
deposit, amount for price escalation of all materials and dues pending with
the department against the work executed and a claim for interest, etc.;
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