M.R.Mallick, J. - (1.) THIS is an application under section 28 of the Indian Arbitration Act praying for extension of the period of six months so as to enable Shri Bhaskar Sen the Sole Arbitrator, to proceed with the reference and make and publish his award in the matter within the above period.
(2.) THE petitioner has moved this Court on the following allegations: On or about 25th September, 1975 an agreement was entered into between the petitioner and the respondent whereby the respondent appointed the petitioner for preparation of master plan for Mohanpur Campur, Project report. Soil investigation work and design and drawings for all building, structures, infra structure, inter alia comprised of electronics, Public health, water supply, roads and paths, bridge, landscape planning etc. upon terms and conditions at a remuneration duly specified in the said agreement. That agreement clause contained an arbitration clause being clause (8) which is set out in paragraph 3 to the application as follows: "In case of any dispute arising out of or in any way touching this agreement shall be referred to a mutually agreed Arbitrator and his decision will be binding on these parties. In case of inability to choose the sole Arbitrator within one party's demand of such appointment the provisions of Indian Arbitration Act, 1940, shall apply to the arbitration under this clause" . It is submitted on behalf of the petitioner that even though the petitioner did a lot of work in terms of the said agreement and submitted the bill amounting to Rs. 41,62,482.28p. the respondent only paid a total sum of Rs. 37,96,638.21p and a sum of Rs. 3,65,844.07p. remain unpaid.
(3.) BY the letter dated 29/30th March 1984 the respondent wrongfully terminated the agreement with effect from 1st July 1984. Subsequent to the purported termination of agreement the petitioner asked the Respondent to make payment of the outstanding dues. It is also submitted that the matter was referred by the Vice-Chancellor to the Chief Engineer, P.W.D. for payment of the petitioner's dues. But even though the petitioner submitted the papers before the Chief Engineer nothing was done. The petitioner, thereafter, applied before the Vice-Chancellor to concur the appointment of Mr. Bhaskar Sen, Bar-at-law, at 147, S. P. Mukherjee Road, Calcutta as the arbitrator to arbitrate upon the disputes and differences between the parties. The Vice-Chancellor did not make any response. Therefore the petitioner appointed Mr. Bhaskar Sen and asked him to enter into the reference. Shri Bhaskar Sen, thereafter, entered into the reference and axed 2nd December 1988 with notice to all parties as sitting of the arbitration proceedings in his chamber in the office of the Bar Library Club. But the respondent did not attend such meeting and the Arbitrator, thereafter, held sittings of the arbitration proceedings on several dates upto 2nd, June 1989. Pursuant to the direction of the Learned Arbitrator, the petitioner duly filed the statement of claim. Copies of the pleadings and documents filed by the petitioner were sent to the respondent but the respondents have not appeared in the arbitration proceedings. The Learned arbitrator, upon giving peremptory notice, proceeded with the reference ex parte. But as in the meantime four months have passed after the Arbitrator had entered into the reference, this application has been filed.;