Ramendra Mohan Datta, J. - (1.) THIS appeal arises from the judgment and order of Sabyasachi Mukharji, J. dated April 3, 1978. His Lordship dismissed the petitioner-appellant's application for setting aside the award on the ground of legal misconduct.
(2.) THE learned Judge considered the following points and was of the view that in respect of the claim for interest, the award did not show that the claim for interest was not taken into account by the arbitrator in his award. THE arbitrator in his award had directed that the State of West Bengal represented by the Executive Engineer, Hooghly (Agri-Irrigation) Division was to pay to the claimant, M/s. Bapi Engineering and Co. in total against all the items of claim a sum of Rs. 33,000/- forthwith. According to the learned Judge, there was no proposition in the award that the arbitrator had included within the award the claim for interest. In any event, the arbitrator was not bound, to allow interest. THE learned Judge was of the opinion that in the facts of the particular case such interest was not pressed. The second point that was urged before the Court below on behalf of the appellant-petitioner was that certain documents had been called for from the Union of India, but the same were not produced and that being the position, an adverse inference should have been drawn for non-production thereof. Such documents, so called for, were in respect of awards in other matters to show inter alia, that in other cases Government acted on the basis of a particular circular relating to some rise in rates. Such documents were not filed before the arbitrators. If in these circumstances the arbitrator thought fit not to rely on or insist on the production of those documents and if that was the position, the arbitrator could not be held to be guilty of any legal misconduct
(3.) THE lenrned Judge was of the view that non-production of or non-reliance on the said documents could not be obligatory on the arbitrator to draw adverse inference. Accordingly, after considering the said points the learned Judge dismissed the said application.;