PRABIR KUMAR MAJUMDAR, J. - (1.) :-
(2.) PRABIR KUMAR MAJUMDAR, J.:- This is an appeal against the judgment and order dated 10th May, 1982 passed by a learned single Judge of this Court dismissing the application of the appellant under Sections 30 and 33 of the Arbitration Act for setting aside an award. By a contract in writing being Tender No.15-MH of 1963-64 the appellant was allotted a portion of the work for silt clearance of the river Peali from Uttarbhag Pumping Station up to Hobka Between chainage 350 and chainage 450, the estimated value whereof came to the tune of Rs. 2,13,992/-. The said work was to be completed within 2 months from the date of commencement of work. The said contract contained an arbitration clause.
(3.) THE appellant completed the work after several extensions of time being allowed by the respondent at the request of the appellant. THE respondent, however, imposed penalty to the extent of 10% of the value of the work. THE appellant disputed amongst others the right of the respondent to impose such penalty in the facts and circumstances of the case. THE disputes arose between the parties. THE matters in dispute referred to the arbitration of one Shri D.P. Chatterjee the then Special Engineer, Salt Reclamation Board in terms of the arbitration clause contained in the said contract were (a) wrong measurement, (b) bailing out water, (c) forfeiture of security deposit and interest, and (d) imposition of penalty.;