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2022 Supreme(Cal) 643

DEBANGSU BASAK, BIBHAS RANJAN DE
National Highways Authority Of India – Appellant
Versus
Arbitrator And Divisional Commissioner, Jalpaiguri Division – Respondent


Advocates appeared:
Ms. Supriya Singh, for the Appellant; Mr. Bikramaditya Ghosh, Mr. Hirak Barman, Mr. Subir Kumar Saha, Mr. Momenur Rahaman, Mr. Srijib Chakraborty, Mr. Hillol Saha Podder, Ms. Mousumi Das Mr. Partha Pratim Roy Mr. Suman Sehanabis, Mr. Tathagata Biswas, for the Respondent

JUDGMENT

Debangsu Basak, J. - The issues involved in both the appeals are similar and, therefore the two appeals had been heard one after the other. We have, therefore, decided to dispose of both the appeals by this common judgement and order. For the sake of convenience, the factual situation obtaining in F.M.A.T. No. 51 of 2021 have been largely alluded to herein. Wherever necessary factual situation obtaining in F.M.A.T. No. 52 of 2021 has been alluded to also.

2. The appellant has filed the instant appeals under Section 37 of the Arbitration and Conciliation Act, 1996 challenging the Orders of the learned District Judge Jalpaiguri dated September 13, 2021 passed in Misc. Case No. 6 of 2019 (Arbitration) and Misc. Case No. 13 of 2019 (Arbitration). The appeal against the order passed in Misc. Case No. 6 of 2019 (Arbitration) has been registered as F.M.A.T. No. 51 of 2021 while the appeal against the order passed in Misc. Case No. 13 of 2019 (Arbitration) has been registered as F.M.A.T. No. 52 of 2021.

3. By the impugned orders passed under Section 34 of the Act of 1996, the learned District Judge has upheld the award. In addition to the reliefs granted by the Arbitrator, the learne

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