Moushumi Bhattacharya, J. - (1.) This is an application for setting aside of an Award dated 25th March, 2009, by a Sole Arbitrator. The petitioner herein was the respondent before the learned Arbitrator.
(2.) The facts leading to the arbitration proceedings are these. The respondent (the claimant in the arbitration proceedings) is a piling contractor of Central Public Works Department (CPWD). A tender issued by the petitioner for construction of multi-storeyed quarters at Iron Side Road, Calcutta, was accepted by the respondent at a negotiated value of Rs.2,93,99,402/- on 10th June, 1996. After the respondent accepted the tender, the petitioner directed the respondent for taking over the site in consultation with the concerned engineer-in-charge. The representations made by the petitioner in the notice requesting tender indicated that the contract terms to be complied with by the contractor (the respondent herein and the claimant before the arbitrator) were to be found printed in the form of the tender. The terms stipulated that the work was to be completed with nineteen months and the extension of time for completion would be subject to the engineer-in-charge of the petitioner being satisfied as to the ground for such extension. The stipulated date of commencement of the work was 25th June, 1996 and 24th January, 1998 for completion. The time allocated for completion of the work was 1996. The actual date of completion of the work as recorded by the respondent was 26th January, 1998. The site was handed over on 11th July, 1996 under cover of a letter issued by the respondent on 21st February, 1997. All the 496 piles were installed by the respondent by 16th July, 1997. The final bill was paid by the petitioner on 16th July, 1998 and the formal demands of payments by the respondent were made on 1st August, 1998.
(3.) The respondent in its statement of claim accordingly claimed under various heads, including for payment pursuant to boring of piles from original ground-level to cut-off level, execution of extra length of steel reinforcement and extra work of dismantling ROC bills, for dismantling concrete piles from site, hire charges of piling rigs and plant and machinery lying idle for a specified period and expenditure incurred on labourers, etc for delays and default on the part of the petitioner. Before the learned Arbitrator, the petitioner denied the contentions made by the respondent in the statement of claim disputing that there was delay on the part of the petitioner in facilitating the work and contended that since the work was completed within the nineteen months as stipulated by the tender, the respondent was not entitled to any claim.;