JUDGMENT :

Sanjib Banerjee, J.

(Prayer: Appeal filed against the Fair and Decretal Order of this Court dated 10.02.2020 in O.P.No.448 of 2019.)

1. The appellant questions the propriety of an order setting aside an arbitral award merely on the ground that the arbitrator was apparently disqualified to take up the reference. The judgment and order impugned was passed on February 10, 2020 on a petition under Section 34 of the Arbitration and Conciliation Act, 1996 and without calling for an affidavit.

2. The respondent herein entered into an agreement for supply of certain material to the railways. It is not in dispute that Clause 64 of the general conditions governing the railway contracts was applicable. Indeed, by a letter dated August 24, 2017, the contractor invoked the arbitration agreement and required the procedure in Clause 64 of GCC, as it then stood, to be adhered to. The demand for the arbitral reference was made in connection with the respondent’s claim of an amount below Rs.25 lakh. The last paragraph of the relevant letter is quoted:

“In view of the above foregoing facts, I demand appointment of Arbitral Tribunal in terms of conditions laid down under clause 64 of GCC, within