KALYAN JYOTI SENGUPTA,J. - (1.) By this appeal judgment and order of the learned Single Judge dated 27th January 2009 has been assailed. The learned Trial Judge by the impugned judgment and order dismissed the application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said 'Act'), and upheld the award made and published on 30th of September 2005 by Arbitral Tribunal consisting of three Arbitrators. On prescribed terms and conditions the respondent and appellant entered into contract for execution of the balance of earth work for formation of banks, laying on railway lines, roads and platforms and simultaneously other jobs in connection with the new goods terminal yard of South-Eastern Railway at Sankrail in Howrah District. It appears that respondent thereafter submitted bills for the works done from time to time for payment of the same, and payments were also made. Thereafter dispute arose between the parties in connection with the aforesaid contractual works and the respondent demanded of appellant's official for appointment of Arbitrators in terms of the agreement for adjudication of disputes as regards outstanding claims on various heads.
(2.) Having found inaction on part of the officials of the appellant, the respondent moved the Hon'ble Chief Justice under Section 11(6) of the said Act for appointment of Arbitrator. The Hon'ble Chief Justice by an order dated 6th December 2001 had directed the General Manager, South-Eastern Railway to appoint Arbitrator from his panel on such terms and conditions as laid down by the Railway Administration within four weeks from the date of receipt of the order. Pursuant to the said order the Tribunal consisting of three Members all of whom are senior officials of the Railways, was formed.
(3.) Before the Arbitral Tribunal the respondent herein filed pleadings demanding claims on the various heads and of various amounts in the manner as follows:- (a) balance amount on account of the works done Rs. 45,37,230/- (b) claim for price variation due to rise in price of materials, labour and fuel Rs. 21,82,719.58 paise, (c) claim for security deposit Rs. 15,000/- (d) claim on account of advance payment towards labour supplier Rs. 51,000/- (e) claim for advance payment to the earth supplier Rs. 1,80,000/- (f) claim for remaining idle wage payment Rs. 1,80,000/- (g) claim for overhead charges i.e., staff salary and house rent Rs. 22,000/- (h) claim for blockage of capital and business loss Rs. 12,75,000/- (i) claim for interest Rs. 15823,193.15/-;