I.P.MUKERJI, J. - (1.) The respondent is a firm of contractors. On 25th November, 1997 the Eastern Railways under the Ministry of Railways, Government of India entered into a formal contract with them to do some earth work in embankment, compaction of blanketting material thereon, for constructing an extension of the railway bridge, for supplying materials etc. between Shaktigar and Palsit stations in the Burdwan District of this State. The letter of acceptance was issued by the petitioner railways on 25th August, 1997. The value of the work was Rs. 42,92,317 and the time to complete it was six months from the letter of acceptance i.e. 24th February, 1998. The respondent could only complete 33% to 35% of the work. The contract was terminated by the petitioner, said to be wrongfully, by the respondent, on 30th July, 2001 and the balance work got completed by them through another contractor. According to the petitioner railways the respondent was in clear breach of the contract. They failed to submit a detailed programme of the work in the form of a bar chart, failed to mobilise tools and plans for starting the work within the stipulated time of six months from the date of issue of the acceptance letter or send a representative at the site within that period. Furthermore, they did not engage any officer with an engineering degree to facilitate the work. On the other hand, the respondent alleged that the site was not handed over by the railways to them on time. Neither were any drawings. Breach was committed by the railways, as result of which the pace of work slowed down. There was no breach of contract on the part of the respondent.
(2.) By their letter dated 8th January, 2001 to the General Manager Eastern Railway, Kolkata, the respondent invoked the arbitration clause. The General Manager, Eastern Railways, appointed two joint arbitrators and one presiding arbitrator.
(3.) On 15th December, 2003, an award was made and published by the learned Arbitrators. There were nine claims before them. Five claims were fully or partly allowed by them.;