- (1.) The appellants in this appeal impugned the judgment and order of the learned Trial Judge whereby the application of the respondent under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 1996 Act) has been disposed of modifying quantum of the award passed by the learned Arbitrator. The respondent also being aggrieved by the judgment and order of the learned Trial Judge has filed cross-objection as the learned Trial Judge did not interfere with the award of rejection of the counter-claim. Short facts leading to preferring the instant appeal is set out hereunder: The respondent herein entered into a contract with the Hooghly River Bridge Commissioner (hereinafter in short HRBC) for construction of Gariahat Fly Over in Kolkata. In terms of this contract the respondent entered into a sub-contract with the appellant on 3rd September, 1999 for reallocation of sewers lines to the appellant. The works covered by the sub-contract are categorized, design, fabrication and laying of 1800 mm, 1600 mm and 1200 mm diameters of sewers lines. Thereafter the said sewers lines in terms of the sub-contract were to be laid with the method which is called jack-pushing. It appears after execution of substantial portion of the contract there arose dispute between the parties. The appellant approached the Hon'ble The Chief Justice of this Court for appointment of Arbitrator and the learned Arbitrator on being appointed entered upon the reference for adjudication of the dispute. The appellant claimed award before the learned Arbitrator for an aggregate sum of Rs. 1,17,05,062.94 or any other sum as may be deemed fit and proper by the learned Arbitrator. Payment of final bill to be prepared on issuance of certificate on completion by the respondent and interest at the rate of 24 per cent per annum with quarterly rest. The aforesaid aggregate claim was made on various heads as follows: The respondent herein not only contested the claim of the appellant/claimant by filing counter-statement but also made counter-claim for a sum of Rs. 12424880. The said counter-claim was made on various heads as follows:
(2.) After hearing the learned Counsel for the parties the learned sole Arbitrator has awarded a sum of Rs. 1,02,83,933.01 and awarded interest at the rate of 12 per cent per annum from 20th January 2003 upto the date of the award on the sum of Rs. 60,79,676.80 being the amount after adjustment against the aforesaid principal amount of award, of sum of Rs. 42,04,256.24 being the amount of fixed deposit or with the bank it was directed to be paid by the learned Arbitrator to the claimants. The learned Arbitrator awarded interest on the said sum of Rs. 60,79,676.08 at the rate of 12 per cent per annum from the date of the award till the payment. The claimant is awarded costs against the respondents amounting to Rs. 50,00,000.
(3.) It appears while passing aforesaid award the learned Arbitrator allowed a part of the counter-claim made by the respondent amounting to the counter-claim however has been rejected by the learned Arbitrator.;