Judgement

SABYASACHI MUKHARJI, J. :- Special leave granted.

2. This is an appeal challenging the decision of the High Court of Calcutta upholding the decision of the learned single Judge of that Court whereby the award of the arbitrator was set aside and new arbitrator was appointed. In order to appreciate the position it is necessary to state that in the year 1964 the Executive Engineer had invited competitive sealed tenders in respect of "Silt Clearance of river Peali from Utterbhag Canning Road Bridge up to Hobon Sluice". Shri D. P. Chatterjee entered upon the reference soon thereafter and the award was made in November, 1966. It appears that thereafter the respondent asked for the award amount in full and final settlement which the Executive Engineer turned down. The respondent herein was paid by the appellant a sum of Rs. 32,525.62 in terms of the award and which sum was received and acknowledged by the respondent No. 1. Then the true copy of the award was forwarded to the Court by the Chief Executive Engineer and the application was filed by the respondent No. 1 in 1981 in the High Court of Calcutta under Ss. 14, 15, 16 and 30 of the Arbitration Act, 1940 for setting aside the