JUDGMENT :

(Shekhar B. Saraf, J.) :

1. Swapan Traders (hereinafter referred to as the ‘award holder’) have filed the present application under Section 36 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the ‘act’) for the execution of an award dated May 13, 2009, passed by B Mondal, Lt Col, Sole Arbitrator.

2. The award holder has prayed for the recovery of INR 31,50,607/- (Thirty-One Lakhs Fifty Thousand Six Hundred Seven Rupees) from Union of India (hereinafter referred to as the ‘award debtor’) on account of unpaid interest.

Facts

3. The factual matrix of the present lis has been mapped out below:

a. Contract No. CWE/136-WE/22 of 2004-05 was executed between the parties for ‘special repair to roof sheets of building nos. 10, 24, 25, 31, 34 & 35 at crops complex at Sukna under GE Khaprail”. Certain disputes arose related to the said contract, and the matter was referred to the sole arbitrator B Mondal, Lt Col, appointed by the Chief Engineer Siliguri Zone.

b. The sole arbitrator passed an award dated May 30, 2009, and awarded a total sum of INR 8,26,408/- (Eight Lakhs Twenty-Six Thousand Four Hundred Eight Rupees) to the award holder along with 12% p.a. pre