Sanjib Banerjee, J. - (1.) The employer assails an award under Section 34 of the Arbitration and Conciliation Act, 1996 in a reference relating to the renovation of a tourist lodge owned by the petitioner in Siliguri. The award is by an engineer who held a post in one of the Government departments.
(2.) The challenge appears to be inspired by the judgment reported at (2003) 5 SCC 705 (Oil & Natural Gas Corporation Ltd. v. Saw Pipes Ltd. ) and the assertion based hereon that an award contrary to the substantive provisions of law or the provisions of the 1996 Act or against the terms of the contract would be patently illegal and would call for scrutiny under Section 34(2)(a)(v) of the 1996 Act.
(3.) The award is for Rs. 183,15,044/- carrying interest at the rate of 2 percent per annum from the date of the award till realization. The principal sum adjudged in the award contains an interest component of Rs. 70,48,893/- in respect of the substantive heads of claim that have been allowed. The award runs into 92 pages with a summary, at the very and, of the claims under the various heads and the brief reasons, in addition to those that find place earlier in the award, for allowing the claims or rejecting them to the extent they have been allowed or rejected.;