Soumen Sen, J.

The employer assails the award in excess of Rs.15 crores inclusive of interest in respect of construction of Falkata Pundari Section of NH 31 (Coochbehar) a Two-Lane At-Grade Highway in the State of West Bengal.

2. The respondent initially filed a suit in February, 2002 against the petitioner for a decree for Rs.20,72,36,567/-. After the settlement of issues and filing of evidence on affidavit, the parties have agreed to have the disputes resolved through arbitration and accordingly an application was filed being G.A. No.3037 of 2008. The said application along with the suit was disposed of by an order dated 11th September, 2008 appointing Justice Baboolal Jain (Retd.) sole Arbitrator in view of the agreement between the parties. The Court, in exercise of its jurisdiction under Section 89 of the Code of Civil Procedure, 1908 disposed of the suit by referring the entire subject-matter of the suit including the issues framed by the Court to the sole arbitrator.

3. The award passed by the arbitrator is now under challenge.

4. The claim in the arbitration pro