- (1.) THE Court : This is an application under sections 30 and 33 of the Arbitration Act for setting aside an award dated 15th May 1990 made and published by the Sole Arbitrator Mr. D. M. Mukherjee in the arbitration matter being Award Case No. 380 of 1990.
(2.) SOMETIME in August 1983 the respondent was allotted the work by the petitioner for supplying and laying 150 mm dia inlet pipeline from additional tubewell to the R. C. Overhead resorvoir at Raichawk Fish Harbour. The value of the contract was to the extent of Rs. 67,555/-. In .November, 1983 a formal agreement was entered into and the contract included the Tender, General Conditions of Contract, Special Conditions of Contract, Condition of Contract, Conditions of Tender specifications, Bill of quantities and Schedule of rates. Disputes and differences, however, arose between the parties in respect of the said contract entered into by and between the parties. By a letter dated 31st January, 1987 the respondent being the claimant raised claims on four counts of a total sum of Rs. 1,34,000/-. This letter was addressed to Chief Engineer of the petitioner. By the said letter, the respondent called upon the petitioner to make payment of the amount claimed by the said letter or alternatively to refer the disputes and claims to the arbitration within 30 days from the receipt of the said letter.
(3.) BY a letter dated 23rd December, 1987, the petitioner requested Mr. D. M. Mukherjee Retired Chief Engineer (Agricultural) of Government of West Bengal to act as an arbitrator in the matter of dispute that has arisen in the execution of the agreement. The said Mr. Mukherjee was requested to act as an arbitrator upon an agreement between the petitioner and the respondent.;