STATE OF TRIPURA Vs. N.G. BHATTACHARJEE CONSTRUCTION COMPANY

JUDGEMENT

(1.) This Appeal under Section 37 of The Arbitration and Conciliation Act, 1996 ("the 1996 Act" hereinafter) has been preferred by the State of Tripura ('the employer' hereunder) against judgment dated 19.09.2016 delivered by the District Judge, West Tripura in case No. Misc.(ARB)34 of 2015 whereby the application filed by the employer under Section 34 of the 1996 Act for setting aside the arbitral award dated 24.09.2014 had been dismissed.

(2.) The basic facts and the controversy brought before this court are as follows:

(3.) On the other hand, the employer, vide letter No.TS-428/EE/WRD-II/W/Shadow/23338-344 dated 19.12.2008 informed the contractor that "due to poor bearing capacity of the proposed site" the work was closed and the work order issued vide No.F.TS-428/WRDII/ W/6943-54 dated 16.02.2006 stood cancelled. The contractor was asked to contact the employer for refund of the earnest money deposited by him.