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Judgment
The Court : The petitioner has filed the instant application under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act) for setting aside an
Award dated 6th February, 2018. The petitioner has also made a prayer for stay of the operation of the Award as required to be made under
Section 36 (2) of the Act.
The petitioner, under a contract with the respondent, supplied Computers to the latter. It is not in dispute that the said Computers are presently lying
in the custody of the respondent. However, the purpose for which the Computers were supplied, namely setting up of Computer facilities in various
schools 2 across West Bengal did not materialize due to factors forming the subject matter of the arbitration.
Mr. Ratnanko Banerji, learned Senior Counsel appearing for the petitioner, submits that there are several findings in the Award which are not
supported by the case made out by the respondent, particularly an amount of Rs.1,00,00,000/(one crore) awarded to the respondent for alleged loss of
reputation and a further sum of Rs.54,00,000/-(fifty four lakhs) on account of preparative expenses.Â
In the Award the counter claim filed by respondent was allowed and the petitioner’s statement of claim was dismissed by the learned Arbitrator.
The main anxiety of Counsel is that the respondent may take steps in aid of executing the Award and that such time has begun to run from 12th May,
2018. According to him if the execution proceedings are set in motion, nothing would remain to be decided in the present petition challenging the
Award.
Mr. P. C. Palchoudhury appearing for the defendant submits that since this Court has not fully heard out the matter, he will not take any steps for
executing the Award until the matter is considered by this Court on merits. List this matter on 15th June, 2018 before the regular Bench.