- (1.) THIS appeal is directed against a judgment and order dated 31st March, 2005 passed by the learned Civil Judge, Senior division, Burdwan, in Misc. Case No. 82 of 1992 refusing to set aside an award passed by Mr. K. Ramaiya.
(2.) THE facts and circumstances of the case briefly stated are as follows: by an intent dated 25/28th July, 1983 the work of construction of 40 units of 600 sq. ft. double storied house, in the C and B Zone at Durgapur Steel Township at an estimated contract value of Rs. 24,93,718. 10 paisa, was awarded to the respondent by the appellant. The time granted for completion of the work was one year. According to the respondent the appellant failed to perform its reciprocal obligations. As a result the respondent was compelled to rescind the contract by a notice dated 30th September, 1985. The respondent thereafter preferred claim on various grounds including payment for the work done, refund of security deposit and damages. The appellant failed and neglected to meet the demands raised by the respondents. In the circumstances the respondent invoked the arbitration clause and requested the appellant to concur in the appointment of Shri B. Mukherjee as a sole arbitrator. The appellant refused to concur in the appointment of Shri B. Mukherjee. The respondent in the circumstances filed Misc. Case No. 1 of 1986 in the Court of Assistant District judge, Burdwan for appointment of Shri B. Mukherjee as the sole arbitrator. By an order dated 20th June, 1987 the prayer of the respondent was allowed. The appellant came up in revision challenging the order dated 20th June, 1987 before this Court and the application was registered as C. O. No. 334 of 1988 which was ultimately disposed of by a judgment and order dated 28th March, 1991 by which the order dated 20th June, 1987 was set aside and Shri K. Ramaiya was appointed sole arbitrator.
(3.) MR. Ramaiya, learned Arbitrator, appointed by this Court, entered on the reference on 10th May, 1991 and directed the parties to file their pleadings and to adduce evidence. He held 23 sittings and ultimately passed his award on 8th april, 1992. Out of the claim of the respondent for a sum of Rs. 23,39,343/- a sum of Rs. 8,50,000/- was awarded. It is this award which was challenged before the learned Trial Court.;