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I. P. MUKERJI, BISWAROOP CHOWDHURY
Dilip Kumar Chatterjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
I.P. Mukerji, J.
1. This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (“the Act”). It is from a judgment and order dated 23rd December, 2021 passed by the learned judge, Commercial Court at Asansol. It was made on an application by the respondents under Section 34 of the Act to set aside the arbitral award dated 30th June, 2017. The entire award was set aside.
2. The agreement between the parties for widening and strengthening of a road to the extent of 10 km in the then district of Bardhaman by the appellant contractor was executed in 2002. The date of commencement of the work was 25th November, 2002. The time period for it to be concluded was twelve months from that date i.e. till 24th November, 2003. Its value was Rs.2,21,72,209/-.
3. The award was for a total sum of Rs.47,77,036/-together with interest and cost.
4. The essential facts are these:-The appellant could not make sufficient progress with the work. Time had to be extended which was done by the respondents.
5. The appellant applied to the respondents for extension of time on 20th November, 2003 which was granted on 5th April, 2004 up to 31st May, 2004. In spite of the extended period
The main legal point established in the judgment is that claims under a works contract must be made within the prescribed period of limitation, and an award based on no evidence and being perverse ca....
The court affirmed that claims in arbitration must be asserted within the limitation period, and undue delays in invoking arbitration can render claims invalid.
The main legal point established in the judgment is that an arbitrator's award must be based on reasonable grounds and supported by reasons, and can only be set aside on limited grounds as specified ....
Failure to raise claims for escalation in a timely manner and acceptance of payments in full and final settlement preclude further claims.
An arbitrator's award may be upheld if it conforms to contract terms, despite challenges regarding procedural compliance or interpretation, provided it does not contravene public policy.
Under the Arbitration and Conciliation Act, the court can only interfere with an arbitral award on limited grounds; the contractor's claim for security deposit was valid, as the limitation period com....
Setting aside arbitral award – Courts, while adjudging whether an arbitration award calls for interference has to be conscious that Arbitrator is sole Judge of facts – Unless an error of law is shown....
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