ASHOKE KUMAR DASADHIKARI,J. - (1.) These two applications have been filed challenging the same award dated December 23, 2008- one by the claimant, Mr. Snehasish Bhowmik, and the other by M/s. West Bengal Electronics Industry Development Corporation Ltd. (for short WEBEL).
(2.) Since both the applications involve the same issue, i.e. questioning the impugned award passed by the learned Sole Arbitrator, both are taken together and decided by passing a composite order.
(3.) The claimant in A.P. No.292 of 2009 submitted before this court through Mr. Mazumdar, learned counsel, that the learned Sole Arbitrator while deciding all points in favour of the claimant did not decide the financial claims as made by him on the ground that those were beyond the scope of the arbitration agreement. Mr. Mazumdar, appearing in support of the claimant, submitted that this finding and/or decision by the learned Sole Arbitrator is contrary to the terms of the arbitration agreement. Mr. Mazumdar referred to clause 8 of the arbitration agreement and submitted that the arbitration clause stipulates that any question, dispute or difference arising out of the provisions of ASP Portal Services shall be referred to the sole arbitration of the Project Manager, WEBEL ASP Project, Sector V, SDF Building. Mr. Mazumdar submits that the question involves financial implications in the matter. Therefore, the decision of the learned Sole Arbitrator is contrary to the arbitration agreement itself.;