S.B.Sinha, J. - (1.) This appeal is directed against a judgment and order dated 30th January, 1996 passed by Shri H. Singh, the learned Assistant District Judge, Alipore in Miscellaneous Case No.8 of 1994, whereby and whereunder the said learned court dismissed an objection filed by the appellant under section 30 of the Arbitration Act, 1940 and passed a decree in terms of the Award. A cross objection to the said decree has been filed on behalf of the respondents on the ground that the learned trial judge ought to have granted future interest. The fact of the matter lies in a very narrow compass.
(2.) The parties entered into an agreement for construction of hostel and technical building at Singharsi. Dispute and difference have arisen between the parties and in terms of the Arbitration Clause contained in the said contract, the same were referred to the Arbitrator. The Arbitrator made an Award on 31st March, 1993. The appellant herein filed an objection under section 30 read with section 33 of the Arbitration Act for setting aside the said Award, whereas the respondent herein filed an application on 7.8.93 for pronouncing a judgment in terms thereof. Before the learned trial Judge, the appellant took a number of objection which are as follows :- "(a) that the Arbitrator misconducted himself in respect of claim Nos. 1 and 2 while awarding the amount; (b) that the Arbitrator ordered duplicate payments while setting the claim under Item Nos.3 and 6 in the award; (c) that the Arbitrator while setting the claim No.7 allowed duplicate payment jeopardising national interest; (d) that the arbitrator committed judicial misconduct in awarding the interest from the date of award till the date of realisation of the amount; (e) that the sole Arbitrator committed judicial misconduct by publishing the award without considering the letter dated 31.3.93 sent by the Union of India; (f) that the arbitrator by allowing negligible amount in favour of Union of India did not give due weightage to the counter claim filled by the Union of India."
(3.) The learned trial Judge upon taking into consideration the rival contentions of the parties formulated two questions for his determination which are in the following teems : 1. Are there any grounds to set aside the award submitted by the sole arbitrator as claimed by the Union of India? 3. Should a decree be passed in terms of the award received by the court?" Upon consideration of the materials on records, the learned trial Judge held that the Award dated 31st March, 1993 being a non-speaking one, grounds set forth in the objection filed by the appellant cannot be gone into and as such dismissed the said objection.;