In the High Court at Calcutta Circuit Bench at Jalpaiguri CO/76/2024 THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION NO. IX AND ANR VS M/s. DILIP KUMAR DAS AND SONS Mr. Joyjit Choudhury, Mr. Nabankur Paul, ….for the petitioner.

Ms. Suman Sehanabis(Mandal), ….for the respondent.

The challenge in this revisional application is directed against an order dated 22 March, 2023 passed by the District Judge at Jalpaiguri in OC Execution no. 70/2017 “Arb”.

By the impugned order the District Judge has on an issue of maintainability, inter alia, directed that the decision of the Dispute Review Expert (Board) is to be treated as an arbitral award and has proceeded to execute the same. In this background, the applicant assails the impugned order dated 6 May, 2024 and raises a jurisdictional issue which goes to the root of maintainability of the Main Execution Case i.e EC No. 70/2017.

Briefly, the petitioner published a notice inviting offers for construction works in respect of National Highway-31. The respondent being the successful bidder was awarded the contract.

The mechanism for dispute resolution as contemplated under the contract is stipulated hereinunder: “24. Disputes “24.1. If the Contr