Sanjib Banerjee, J. - (1.) The marginal delay in preferring the appeal is condoned in view of the good grounds shown. GA 954 of 2017 is allowed.
(2.) The railways question the propriety of an order by which their challenge to an arbitral award as to the authority of the arbitrator has been repelled in proceedings under Section 34 of the Arbitration and Conciliation Act, 1996. The grievance is in respect of the composition of the arbitral tribunal and the arbitrator apparently not possessing the qualifications as required of such adjudicator by the arbitration agreement.
(3.) However, by the judgment and order impugned dated December 7, 2016 the award was tweaked in the sense that the claim awarded on account of interest on security deposit has been set aside on the ground of there being an express bar in the agreement between the parties in such regard. The respondent-contractor has not challenged such part of the order impugned.;