JUDGMENT :

SANJIB BANERJEE, J.

Prayer: Appeal filed under Section 13(1) of Commercial Courts Act against the order dated 14.09.2021 in Arbitration Application (Comm. Div) No. 167 of 2021.

1. The appeal is directed against an order dated September 14, 2021 passed on an application under Section 9 of the Arbitration and Conciliation Act, 1996.

2. The grievance of the appellant contractor is that some five years after a road was constructed and made over by the appellant to the respondent employee, the Arbitration Court has appointed experts to look into the condition of the road. The appellant asserts that no inspection conducted now will reveal the nature or character of the road that was constructed and made over by the appellant to the respondent in the year 2016.

3. The contract between the parties envisaged the construction of some internal roads by the contractor. The contract was time-bound and it is the appellant’s contention that following the delay on the part of the employer in releasing the land and in taking other measures, the contractor was constrained to terminate the contract and make a demand for the payment due to the contractor.

4. In terms of the arbitration agreement