Ashim Kumar Banerjee, J.

Backdrop

The subject matter of appeal would relate to an order passed by the learned Single Judge, declining to set aside and/or interfere with an award published under the old Arbitration Law being the Arbitration Act, 1940. His Lordship, by judgment and order dated March 28, 2012 appearing at page 299-307 of the paper book, upheld the award except the claim No. 2 that was found to be repeated in claim No. 4. In effect, the learned Judge affirmed the award to the extent of Rs.7,19,038/-covering claim Nos. 3 and 4 that was allowed by the Arbitrator.

Bringing the facts in a narrow campus, we would find, the appellant/State entrusted a partnership farm M/S. N. Bhakat & Company to execute a work on behalf of the State represented by Public Works Department, (hereinafter referred to as P.W.D.), Kharagpur Division for construction of residential quarters for non-gazetted staff for Eastern Frontier Rifles. The tender value was Rs.22,06,011/-. As per the contract, the work was scheduled to be completed within eighteen months from the date of the work-order. Since the work-order was issued on April 13, 1983, the work was supposed to be completed by Octob