Form No.J2.

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction

APPELLATE SIDE

FMA 2795 of 2013

State of West Bengal & Anr.

Vs.

CAB Engineers Pvt. Ltd.

Present :

The Hon’ble Justice Arijit Banerjee

And

The Hon’ble Justice Om Narayan Rai

For the Appellants : Mr. Swapan Banerjee, Adv.

Mr. Suman Sengupta, Adv.

Mr. Sambuddha Dutta, Adv.

Mr. Diptendu Narayan Banerjee, Adv.

For the Respondent : Mr. Sakya Sen, Sr. Adv.

Mr. Sabyasachi Sen, Adv.

Ms. Pallavi Chatterjee, Adv.

Decided on: 25.08.2025

Om Narayan Rai, J:

1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996

(hereinafter ‘the said Act of 1996’) lays challenge to an order dated April 29, 2009 passed by the learned Civil Judge (Senior Division), Purulia, whereby the appellants’ application under Section 34 of the said Act of 1996 (which was registered as Misc. Case No. 05 of 2006) was disposed of by modifying

the arbitral award dated January 31, 2006 that had been impugned in the said application under Section 34 of the said Act of 1996.

FACTS:

2. Briefly summed up, the facts of the case, insofar as they are relevant for the present appeal, are as follows:

a. The appellants had floated a tender for completion of “Remaining wor