JUDGMENT :

M. S. Ramachandra Rao, C.J.

This Commercial Appeal is preferred by the appellant herein, challenging an order dt. 29.05.2024 in Commercial Arbitration Case No.02/2023 passed by the Additional Judicial Commissioner-III-cum-Presiding Officer, Commercial Court, Ranchi.

2. The appellant had filed the said Commercial Arbitration Case before the said Court challenging the interim Arbitral Award dt. 04.11.2022 passed by the learned Arbitral Tribunal of Hon’ble Justice Amareshwar Sahay (Retd.).

3. The main contention raised before the court below by the appellant was that the interim Award was given by the Arbitral Tribunal erroneously holding that the awarded amount was an admitted amount, that there was no such admission of liability and this was the error apparent on the face of record in the Arbitral Award.

4. As per the order of the trial court, there was a letter addressed by the Joint Secretary of Government to the Joint Secretary of the Transport Department forwarding the report of an Evaluation Committee, appointed by the appellant, which assessed the work done by the respondent for the appellant; and the Arbitral Tribunal had based its decision on such Evaluation Committee’