ARIJIT BANERJEE, J. - (1.) THIS appeal arises out of a judgment and order dated 27th February, 2012 passed by the learned Additional District Judge, Fast Track, 4th Court, Paschim Medinipur, whereby the learned Judge dismissed the appellant 's application under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the award dated 19th April, 2008 passed by the Arbitral Tribunal.
(2.) THE respondent entered into a contract with the appellant for widening to 4/6 lanes and strengthening of existing 2 lane carriageway of NH -60 from 0.00 kilometer to 119.275 kilometer Baleswer -Kharagpur. in the State of Orisha and West Bengal for a total contract price of Rs. 75,76,80,755/ -. As per the term of the contract, any dispute between the parties had to be first referred to the Dispute Review Board DRB. for its recommendations. In the event, the parties were aggrieved by the recommendations of the DRB, the disputes would be referred to an Artibral Tribunal consisting of three Arbitrators, one to be appointed by each party, and the third Arbitrator to be appointed by the two nominated Arbitrators. Disputes and differences arose between the parties in connection with the said contract and the same was ultimately referred to arbitration. The appellant nominated Sri Vijoy Kumar, Engineer -in -Chief UPPWD retired., Ex -Managing Director, UPSBC as its Arbitrator. The respondent nominated Sri N.H. Chandwani, Chief Engineer retired., CPWD, as its Arbitrator. The two nominated Arbitrators appointed Sri K.K. Madan, Director General retired., CPWD, former member UPSC as the Presiding Arbitrator. It may be noted that all the three Members of the Arbitral Tribunal were experts in their field with special knowledge in road construction works.
(3.) THE Arbitral Tribunal entered upon reference on 11th June, 2005. 43 hearings were held before the Tribunal between 11th June, 2005 and 8th/9th June, 2007. During the hearings both parties argued their respective cases and produced documents/records. No oral evidence was adduced by either party.;