( 1 ) THIS appeal has been preferred by the appellant, the State of West Bengal, against the judgment and order D/- March 1, 1984 of a learned single Judge of this Court dismissing the application of the appellant under Ss. 30 and 33, Arbitration Act, 1940.

( 2 ) THE appellant invited tenders for the construction of a Primary Health Centre at Madhab Nagar, P. S. Pathar Pratima, District 24 Parganas. The appellant accepted the tender of the respondent and entered into a contract with it for the construction of the said Primary Health Centre at the rate mentioned in the contract. The contract also contained an arbitration clause.

( 3 ) ACCORDING to the appellant, the construction work was completed by the respondent on 8-11-1974, but according to the respondent the work was completed before June 15, 1976.

( 4 ) THE respondent by its letter D/- August 21, 1981 raised a dispute claiming, inter alia, the enhancement of the rate by 30% in respect of the work done by the respondent during the extended period. By the said letter the respondent also claimed the appointment of an arbitrator within a period of fifteen days of the date of the letter. After the expiry of the