Soumitra Sen, J - (1.) . - This is an application under Section 34 of the Arbitration and Conciliation Act, 1996, incorrectly mentioned in the Cause Title as under Section 30 and 33 of the Arbitration and Conciliation Act, 1940, for setting aside of an award passed by Joint Arbitrators dated 17th of June, 2001. The facts of the case are briefly stated as under.
(2.) The petitioner was awarded a contract for carrying out certain construction on existing quarters belonging to the respondents numbering about 233.
(3.) The basic nature of work was covering the back verandah of the said 233 quarters. It is the case of the petitioner that the respondents failed to supply the necessary materials and also failed and neglected to hand over the quarters in time. As a result of non-availability of the quarters the work could not be completed and the contract was closed and the agreement was rescinded.;