Sanjib Banerjee, J. - (1.) The scope of the challenge to the award in the present case is limited. At the start of the proceedings the challenge was to the award made under the second, eighth and ninth heads of claim and on account of interest. The parties have agreed as to the quantum that would be payable under the eighth head. The challenge under the second head cannot proceed very far upon it being demonstrated by the claimant-contractor that there was a special clause in the agreement that had overriding effect over the bar on escalation in the general conditions governing the agreement. The real challenge is restricted to one made in respect of the ninth head of claim under which a sum of Rs. 72,000/- has been awarded and in respect of the award on interest.
(2.) The contractor was awarded the remaining work relating to the construction of a workshop at Haldia and the extension of a workshop at Chiranjibpur. The work was to be completed within 18 months from the date of the work order. The work order was issued on June 18, 1983. The contractor claimed that work could not commence immediately upon issuance of the work order due to circumstances beyond the control of the parties: the site was inundated. The employer granted extension of time until completion without imposing any liquidated damages. The work was completed by June 15, 1986.
(3.) By an order passed by this Court on May 20, 1994 a lawyer-arbitrator was appointed and the reference meandered over 94 sittings between June of 1999 and March of 2000. The award was rendered on May 10, 2001.;