SANJIB BANERJEE,J. - (1.) The work for improvement of four stretches of the Panagram to Moregram road was awarded by the State in favour of contractor Afcons Pauling (India) Limited and a sister company in the year 1993. The contractor bagged all four contracts by offering a huge rebate.
(2.) Upon the work being completed, disputes arose between the State and the contractor regarding payments and the rates applicable. In consonance with the individual arbitration agreements contained in the four contracts, references were made and an arbitral tribunal comprising three retired engineers took up the reference and rendered similar awards on September 14, 2011. The State challenged such awards before the arbitration court here under Section 34 of the Arbitration and Conciliation Act, 1996. By the common judgment and order impugned dated February 3, 2017 the award was modified and the decision of the arbitral tribunal on the first head of claim was set aside as being perverse. The court of the first instance also tinkered with the interest awarded by the tribunal, but declined to interfere with the award in respect of the other heads of claim.
(3.) Of these eight appeals that are dealt with by this common judgment and order, four have been filed by the State insofar as the State's challenge to the remainder of the awards has been repelled. The other four appeals are by the contractor, protesting the interference with the awards and the modifications thereof.;