Dipak Kumar Sen, J. - (1.) THE Federal Republic of Germany and/or the Consulate General of the Federal Republic of Germany has made this application under Sections 30 and 33 of the Arbitration Act, 1940 praying, inter alia, for orders that (a) A purported award made by one R.P. Banerjee on the 28th August, 1972 should be set aside; (b) THE respondent S. Dey and Associates or its servants, agents or officers be restrained permanently from taking any proceedings or further proceeding either by way of procuring judgment or otherwise on the said purported award.
(2.) THE events which have led up to these proceedings may be briefly stated as follows: Pursuant to an invitation issued on behalf of the petitioner, a written tender submitted by S. Dey and Associates, the respondent No. 1, on the 26th February, 1971, followed by two letters on behalf of the petitioner respectively dated the 16th March, 1971 and the 21st April, 1971 a contract was entered into by and between the petitioner and the respondent No. 1. The said contract was incorporated in a formal document in writing dated the 10th June, 1971. Under the said contract the respondent No. 1 was engaged to execute the works of specified additions, alterations and interior decoration of premises No. 1, Hastings Park Road, Alipore, Calcutta, at agreed rates and specifications under the supervision of M. M. Bilaney and Co., the Architects and Consulting Engineer (hereinafter referred to as the said Architects).
(3.) SUBLETTING or assigning the contract without the written consent of the petitioner was prohibited and it was stipulated that in case of such subletting or assigning, the said Architects would be entitled to determine the contract by a notice of seven days.;