Moushumi Bhattacharya, J. - (1.) The Award impugned in this application under Section 34 of the Arbitration and Conciliation Act, 1996 is of 21st October, 2016 delivered by a Tribunal of a Presiding Arbitrator and two Co-Arbitrators, all of who were Senior Officials and Engineers of Eastern Railways as on the date of the delivery of the Award. By the said Award, the nine of the eleven claims were rejected by the Tribunal and the counter-claim of the Railways was also rejected. The petitioner herein was the claimant in the arbitration proceedings.
(2.) The arbitration proceedings arose out of an agreement dated 29th January, 2010 entered into between the petitioner and Eastern Railways pursuant to the Railways receiving offers from the petitioner for the part construction of a new railway line between Dumka, Jharkhand and Rampurhat, West Bengal. The work awarded consisted of construction of 12 bridges to be completed within a period of 10 months. The contract was for a value of Rs.11.47 crores approximately. The contract was terminated by the respondent Railways on 16th July, 2012 on account of the work not being completed within the stipulated time. The petitioner thereafter invoked the arbitration clause as per Clause 64 of the General Conditions of Contract of 2001 (GCC) and the Arbitral Tribunal was constituted on 28th January, 2013.
(3.) 11 claims were filed by the petitioner/claimant including for work done, refund of security deposit and retention amount, amount of the bank guarantee deposited towards performance guarantee, increment in the price of materials, labour, fuel, etc. in respect of the works executed, compensation for onsite and offsite expenses and loss of business, interest at 18% on the claims and cost of arbitration proceedings. The Tribunal rejected two of the eleven claims on account of the subject-matter of the claims falling under "Excepted Matters" and awarded a sum of Rs.30,67,327/- in part, on account of the amount payable for the work executed by the petitioner.;