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2021 Supreme(Cal) 579

I. P. MUKERJI, MD. NIZAMUDDIN
Pam Developments Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sakya Sen, Mr. Priyankar Saha, Mr. Amritam Mandal, Mr. Aditya Mondal, Mr. Hemant Tiwary
For the Respondent: Mr. Jishnu Chowdhury, Mr. Paritosh Sinha, Ms. Manali Ali, Mr. Tirthankar Das, Mr. Arindam Mondal, Ms. Antara Chowdhury

JUDGMENT :

I. P. MUKERJI, J.

1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is the third round. The first round was before the learned arbitrator. He made and published an award on 30th January, 2018 for Rs.1,37,25,252/-in favour of the appellant dealing with their claims 1 to 5 together with interest and the counter claim of the respondent state. The second round was an application by the respondent under Section 34 of the said Act before the learned District Judge, Purba Medinipur, challenging the award. The learned District Judge by a detailed judgment and order dated 8th March, 2019 set aside the award for claims 1 and 2, and upheld the rest of the award. The third round is the appeal before us. The respondent has preferred a cross-objection.

2. Before us, on one hand, the award is for scrutiny. On the other hand, are the principles of law circumscribing the powers of the appeal court in interfering with the judgment of the court below made after a detailed scrutiny of the award.

3. A short background of the case is now necessary.

4. The agreement

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