Hon'ble Mr. Justice S.C. Das

1. This appeal, under Section 39 (vi) of the Arbitration Act, 1940, is directed against the order, dated 19.12.2001 passed by learned Civil Judge (Sr. Divn.), South Tripura District, Udaipur in Case No. T.S.(ARB)8/1995, whereby and whereunder the learned Civil Judge was pleased to set aside and reject the award, dated 21.09.2001, passed by sole Arbitrator in Arbitral Proceeding No. ARB/SB/98(36). Heard learned senior counsel, Mr. S M Chakraborty, assisted by learned counsel, Mr. Suman Bhattacharjee for the appellant and learned counsel, Mr. P Datta for the respdt.

2. Agreement No. 14/S.E-III of 1989-90 was signed between the appellant and the respdt for execution of a work namely "constriction/upgradation of S.H.C into P.H.C/construction of P.H.C building including Kitchen and Morgue" at Athorabhola under Udaipur. Because of some disputes arose between the parties, in course of execution of the work, in due course the dispute was referred to the sole Arbitrator for resolution as per the agreement. The sole Arbitrator passed award, dated 21.09.2001 and the award was placed before the learned Civil Judge, Senior Division, Udaipur, South Tripura.

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