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IN THE HIGH COURT AT CALCUTTA
GAURANG KANTH
Chaitanya Kumar Dey – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Gaurang Kanth, J.
1. The petitioner in the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 is challenging the Arbitral Award dated 13.06.2016 passed by the Sole Arbitrator Sri. Arunava Ghosh in the Arbitration Agreement arising out of the agreement No. 4/T/II/03-04 dated 23.04.2003.
2. The facts leading to the present petition are as follows:
3. The respondent, i.e., the Divisional Manager-III, Eastern Railway, Sealdah,by Memo No. 222-S/1/164/WII dated 03.02.2003, awarded to the petitioner the work of T.S.R. (P) from Km 168.002 to Km 177.00 (9.00 km) with PSC sleepers, including ancillary works, under SE/P-Way, Bhagwangola, within the jurisdiction of AEN, Ranaghat. The stipulatedperiod for completion of the work was nine months.
4. During the execution of the work, extensions of time were granted to the petitioner on six occasions under Clause 17 of the General Conditions of Contract. The final extensions were granted with imposition of liquidated damages.
5. At the commencement of the work, a joint inspection was conducted at the site. During such inspection, it was observed that owing to heavy rainfall and flooding, the railway track along wit
The interpretation of the contract is within the exclusive domain of the learned Arbitrator, and the court would not interfere with such interpretation.
The court affirmed that arbitral awards challenging under Sections 34 and 37 are limited in scope, requiring clear evidence of illegality or perversion; otherwise, the Arbitrator's decision stands.
The limited grounds for interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, emphasize the concept of patent illegality and the criteria for setting asi....
The court upheld the learned Single Judge's ruling that claims not disclosed under the contract clauses and issues related to 'No Claim' certificates are non-recoverable, emphasizing the importance o....
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