IN THE HIGH COURT AT CALCUTTA CIVIL APPEALLATE JURISDICTION APPELLATE SIDE FMA 1409 of 2022 With FMA 1419 of 2022 M/S. B.B.M. Enterprise Vs State of West Bengal Before: The Hon’ble Justice Arijit Banerjee &

The Hon’ble Justice Rai Chattopadhyay For the Appellant Mr. Malay Kr. Ghosh, Sr. Adv.

Mr. Aniruddha Mitra, Sr. Adv.

Ms. Nilanjana Adhya, Adv.

For the State Md. T. M. Siddiqui, Sr. Adv., learned AGP.

Mr. Tanay Chakraborty, Adv.

Mr. S. Adak, Adv.

For Judgment 2 4 . 0 7 . 2 0 25 Arijit Banerjee, J. :-

1. These two appeals arise out of the same set of facts. Hence, the appeals have been taken up for hearing together along with the connected applications, by consent of the parties.

In Re: FMA 1409 of 2022

2. FMA 1409 of 2022 is directed against a judgment and order dated August 9, 2019, passed by the learned District Judge, Purba Medinipur in J. Misc Case (Arbitration) no. 68 of 2018 filed by the respondents herein under Section 34 of the Arbitration and Conciliation Act, 1996 (in short “the said Act”) for setting aside the arbitral award dated May 19, 2018, passed by a learned Sole Arbitrator being the Superintendent Engineer, South Western Circle, P.W.D. (Roads), Directorate., to the extent