JUDGMENT

SHIVA KIRTI SINGH, J. –

1. Leave granted.

2. Heard Mr. Gourab Banerji, Senior Advocate for the appellant and Mr. Gopal Jain, Senior Advocate for the respondent. The appellant was required to set up some plant or boiler units. For completing that work, appellant issued a notice inviting tender for engaging a sub-contractor to erect, test and commission two 120 MW boilers (Unit II and Unit III) on behalf of the appellant. The value of the contract awarded in favour of the respondent was Rs.6,99,40,000/-. Pursuant to disputes and differences, an Arbitral Tribunal consisting of three arbitrators came to be constituted. The Arbitral Tribunal awarded Rs.69.22 lac on various heads and Rs.25.39 lac on account of interest. The appellant instituted proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 (for brevity, ‘the Act’). That proceeding bearing A.P. No.213 of 2006 was finally decided by a learned Single Judge of the High Court of Calcutta on 04.01.2013. The objections of the appellant were allowed in part in respect of only three counts relating to ov