JUDGMENT :

Moushumi Bhattacharya, J.

1. The petitioner has prayed for setting aside of an award made and published on 23.9.2018 and served on the petitioner under cover of a letter dated 25.9.2018 by the learned Sole Arbitrator.

2. The petitioner is a registered Micro and Small Scale Enterprise and was the respondent in the arbitration proceedings before the Sole Arbitrator. The petitioner is the “supplier” of services and the respondent is the “buyer” in the dispute before the Arbitrator. The contract related to repair of a Wet Basin flap gate at Garden Reach Shipyard, Kolkata.

3. The petitioner made a reference on 11.5.2016 under the provisions of The Micro, Small and Medium Enterprises Development Act, 2006 before the West Bengal State Micro Small Enterprises Facilitation Council and the respondent was called upon to appear for conciliation before the Council on 4.7.2016. During the pendency of the reference before the Facilitation Council, the respondent appointed an Arbitrator on 23.9.2016 on the basis of a clause in the purchase order. The Arbitrator issued notice to the parties on 4.10.2016 for adjudicating disputes arising out of the purchase order. The petitioner thereafte