M.H.S. Ansari, J. - (1.) The instant appeal is directed against the Judgement dated 6th April, 1999 passed by a Learned Single Judge of this Court whereby the application filed by the appellant herein under Section 30 and 33 of the Arbitration Act, 1940 for setting aside the award dated 25th March, 1998 was dismissed.
(2.) Brief facts leading to the award and the applications in question are as under.
(3.) The Appellant/Petitioner had accepted the respondent's tender and issued the work order for construction of a road-bridge over river Darekashwar at Rajagram near Bankura Town in the District of Bankura under Contract No. 100 of 84-85 of the Superintending Engineer, State Highway/Circle No. VI, P.W.D. (Road), Directorate Treasury Road, Midnapore, Government of West Bengal. The Arbitrator, Shri D.P. Roychowdhury, the Chief Engineer (Retd.), P.W.D.(Roads) had been appointed as sole Arbitrator on an application made by respondent purported to be in terms of an order in a proceeding under section 5, 8, 11 and 12 of the Arbitration Act, 1940, dated 6th September, 1991 and 27th September, 1991. Thereafter, it appeal-5, the appellant preferred an appeal against the said order of the Ld. Trial Judge of this Court before a Division Bench and the same was dismissed by an order dated 7th May, 1992. Aggrieved therefrom the appellant preferred Special Leave Petition before the Supreme Court and the same was dismissed by an order dated 11th May, 1991. Meanwhile, the time to make and publish the award expired whereupon the Calcutta High Court was moved for extension of time and time for making and publishing the Award was extended by five months by an order dated 29th September, 1993.;