JUDGMENT :

I.P. MUKERJI, J.

1. A point of some importance is involved in this appeal. By his judgment and order dated 20th April, 2022 the learned judge, Commercial Court at Alipore set aside the arbitral award dated 29th December, 2017 on the solitary ground that the learned arbitrator had taken part in a conciliation exercise between the parties. The merits of the matter were not gone into by the learned judge.

2. The arbitrator was the Hon’ble Mr. Justice Amitava Lala, a former judge of this court and of the Allahabad High Court. The award was for a sum of Rs. 1,54,86,728/- together with interest at the rate of 18% per annum from the date of the award till the date of payment. The counterclaim made by the respondent was rejected. There is no dispute that the learned arbitrator had made an endeavour to enable the parties to arrive at a settlement.

3. The effort which the learned arbitrator made towards settlement is recorded in the following words in the award:

“Settlement by Conciliation:

On 6th June 2017 as and when drawing of Award was for delivery excepting completion of formalities, respondent's representative Mr. Sunil Jha and Mr. Badri Kumar Tulsyan, working in a sister concern