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I. P. MUKERJI, BISWAROOP CHOWDHURY
State of West Bengal – Appellant
Versus
Chowdhury Construction – Respondent
JUDGMENT :
I.P. Mukerji, J.
1. This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. It is from a judgment and order dated 24th February, 2020 made by the learned Judge, Commercial Court at Asansol in an application under Section 34 of the said Act challenging an arbitral award dated 29th July, 2015.
2. The claim in arbitration arose out of a works contract between the respondent contractor and the Government of West Bengal dating back to 2007. It involved the widening and strengthening of the Memarichakdighi and Tarakeswar Road in the then district of Burdwan, West Bengal spanning 30.16 km. It was executed on 8th August, 2007 costing the government Rs.11,63,76,445/-. The time stipulated for completion of the work was 18 months from the date of commencement on 8th February, 2008 i.e. on 7th August, 2009.
3. Eventually, as it happens in most of these works contracts, there was delay in progress of the work. The respondent contractor attributed this delay to the government whereas the government accused the contractor of breach of contract by delayed and p
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 main legal point established in the judgment is the interpretation of contract terms, breach of contract, and the limited scope of interference with the arbitrator's award based on the violation ....
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.
The court reinforced that under the Arbitration and Conciliation Act, 1996, the scope for judicial interference with arbitral awards is limited, particularly regarding factual findings.
The main legal point established in the judgment is the importance of compliance with the notice of claim provision in the FIDIC Contract and the requirement for the contractor to raise disputes or c....
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....
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....
The court upheld the Arbitrator's findings that the rescission of the contract was unjust and delays were primarily attributable to the petitioner, affirming the award under Section 34 of the Arbitra....
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