Monoranjan Mallick, J. - (1.) This is an application filed by the West Bengal Pharmaceutical and Phytochemical Development Corporation Ltd. Under Sec. 30 read with Sec. 33 of the Indian Arbitration Act for setting aside the award of the Joint Arbitrators, Buddhadeb Brahmachari and Pratap Chandra Chander, dated November 29, 1989.
(2.) The facts are briefly as follows: The original Respondent, since deceased, was given the contract by the Petitioner company for certain construction work in connection with their factory at Kalyani. The contract value was to be of a sum of Rs. 12,08,081 -85 and the requirement of steel and cement would be supplied by the Petitioners. The contract was executed on or about March 10, 1983, and the Respondent actually commenced the construction on and from December 27, 1982. Although the original Respondent was to complete the construction within 8 months he failed to complete it even after the four consecutive extensions were given. As a result thereof the Petitioner was compelled to terminate the contract by the letter dated January 31, 1985.
(3.) The original Respondent thereafter filed Title Suit No. 223 of 1985 in the City Civil Court, Calcutta, and prayed for interim injunction restraining the Petitioners from giving effect or further effect to the order of termination and obtained interim order. The Petitioner prayed for vacating the interim order and the order was vacated by Court by the order dated April 11, 1985. Being aggrieved the original Respondent preferred appeal to the High Court and Chittatosh Mukharjee and Samsuddin Ahmed JJ. in F.M.A.T. No. 307 of 1985 by the order dated June. 12, 1985, referred the disputes and differences to the arbitration of Joint Arbitrators in terms of the arbitration clause of the agreement. Pursuant to the said order Joint Arbitrators were appointed and they entered into reference. The Joint Arbitrators held as many as 101 meetings between December 16, 1985 and March 4, 1989. The claimant examined himself alone and the Petitioner examined five witnesses. On November 27, 1989, the Joint Arbitrators made add published a purported award.;