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2011 Supreme(Cal) 1522

SANJIB BANERJEE
NATIONAL BUILDING CONSTRUCTION CORPORATION LTD. – Appellant
Versus
INDIV INDIA PRIVATE LTD. – Respondent


Advocates Appeared:
S.N. Mookerjee, A.K Routh, Nemani Srinivas for the petitioner:
Siddhartha Mitra, Mousumi Bhattacharya, U.S. Menon for the respondent.

JUDGMENT

Sanjib Banerjee, J. : An award rendered in an arbitral reference pertaining to a works contract is assailed in the present proceedings under section 34 of the Arbitration and Conciliation Act, 1996. The primary ground of challenge is that the award does not give any or adequate reasons in support of the various heads under which the respondent-claimant was found to be entitled. The petitioner also claims that crucial matters that were urged before the arbitrator and noticed by the arbitrator in course of recording the submission of the parties were not taken into account in assessing the claim.

2. The contract was for the construction of one or more buildings in Ulubari, Assam. The same contractor was simultaneously involved in the construction of another set of buildings at nearby Naltoli. The petitioner herein was the employer in either case. The claim carried before the arbitrator comprised several heads ranging from unpaid bills to escalation, extra work, damages, interest and costs. The value of the claim was in the region of Rs.55 lakh. The petitioner herein made a substantial counter-claim in excess of Rs.1.50 crore. But it is evident, and is recorded by the arbitrato












































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