Ghose, J. - (1.) THIS appeal is directed against an order passed by the Hon'ble First Court on 1st April, 2010 in A.P. No. 164 of 2008 whereby the learned Trial Court was pleased to dismiss the application for setting aside of an award published by the leaned Arbitrator on 31st December, 2007.
(2.) THE disputes between the parties relate to a work/contract dated 27th June, 1982 for construction of two school buildings and one block of flats at Beida District Libya. The value of the contract was for an aggregate sum of 3,171,53.66 Libyan Dinars (hereinafter referred to as LD). It is admitted by the respondent that an amount of Rs.4,87,723.00 LD has already been paid by the appellant to the respondent in respect of the said contract. The facts of the case briefly are as follows:
(3.) A suit was filed in 1985 by the appellant for recovery of interest bearing loans from the respondent. The said suit was stayed by the Court on an application filed under Section 34 of the Arbitration Act, 1940, on the ground that the disputes between the parties are covered under the arbitration clause contained in the agreement. In these circumstances, the matter was referred before the departmental Arbitrator and subsequently by an order dated 1st February, 1993 the reference was directed to be presided over by the learned Arbitrator whose award has been assailed in the proceedings filed under Sections 30 and 33 of the said Act. It further appears from the facts that the contractor filed a counter statement and forwarded his claim and further dealt with the claim made by the petitioner. Accordingly, the status of the parties was subsequently changed at the 3rd meeting held before the learned Arbitrator and it is recorded in Paragraph 23 of the award "the original claimant became the respondent and the original respondent became the claimant". The pleadings were filed and the reference commenced and it appears that the several meetings held before the award was published and admittedly award was published on 31st December, 2007. It appears from the award that the contractor was directed to be entitled a sum of Rs.1,46 crores plus interest. The award also finds that the employer entitled to a sum of Rs.30.39 lakhs without any interest.;