IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE BEFORE:

The Hon’ble Justice Soumen Sen and The Hon’ble Justice Biswaroop Chowdhury FMAT 495 of 2019 The State of West Bengal & Ors.

Vs.

M/S M.R. Builders For the Appellant : Mr. Priyankar Saha, Adv., Mr. Arindam Mandal, Adv., Ms. Sijani Mukherjee, Adv., For the Respondent : Mr. Gopal Chandra Ghosh, Sr. Adv., Mr. Pradip Mukherjee, Adv.

Mr. Prasanta Kr. Banerjee, Adv.

Mr. Purnakar Biswas, Adv.

Hearing concluded on : 25th July 2025 Judgment on : 10^th September, 2025 Soumen Sen, J.:-

1. The present appeal filed under Section 37 of the of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) arises out of a judgment dated 28th January, 2019 passed by the Learned District Judge, Uttar Dinajpur in Misc Case No.115 of 2014 whereby the application under Section 34 of the Act filed by the appellant herein was dismissed and the Arbitral Award dated 12^th July 2007 in AP No.

18 of 2000 was affirmed.

2. Shorn of details, the relevant facts are stated hereinafter.

3. The claimant contractor in the arbitration proceeding is the respondent herein and the respondent in the arbitration proceeding is the app