- (1.) This application under section 34 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the 1996 Act, is for setting aside of an arbitral award dated 7th May, 2007 made by learned sole arbitrator Sri Ajit Kr. Sengupta, a retired Judge of this Court.
(2.) Disputes and differences arose between the respondent and the petitioner in connection with a contract for supply of explosives and in particular the action of the petitioner in taking recourse to risk purchase of explosives at the cost of the respondent and withholding payment of bills raised by the respondent.
(3.) The petitioner invoked the arbitration clause in the agreement between the petitioner and the respondent and sought reference of the disputes to arbitration. Unable to secure the appointment of an arbitrator, the petitioner made an application being A.P. No.194 of 2005, in this Court under section 11 of the 1996 Act requesting the Chief Justice to appoint an arbitrator.;