The respondent herein was paid by the appellant a sum of Rs.32,525.62 in terms of the award and which sum was received and acknowledged by the respondent No.
Thereafter the matter again appeared in the list of the learned Single Judge and the respondent had made an application before the learned Single Judge for setting aside the previous order.
From the Judgment and Order dated 29th August, 1986 of the Calcutta High Court in Appeal No.
The appellant preferred an appeal against the said order dated the 3rd December, 1985 before the Division Bench of the High Court of Calcutta.
The High Court after hearing the parties dismissed that application on 10th May, 1982.
Shri D.P. Chatterjee entered upon the reference soon thereafter and the award was made in November, 1966.
The respondent herein preferred an appeal against the judgment dated 10.5.82.
1 in 1981 in the High Court of Calcutta under Sections 14, 15, 16 30 of the Arbitration Act, 1940 for setting aside the award dated the 19th November, 1966.
The High Court was thereafter pleased to pass judgment in terms of the award.
204 of 1986.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Amal Dutta, D.K. Sinha and J.R. Das for the Appellant.
It appears that thereafter the respondent asked for the award amount in full and final settlement which the Executive Engineer turned down.
2190 of 1987.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. Special leave granted.
In order to appreciate the position it is necessary to state that in the year 1964 the Executive Engineer had invited companypetitive sealed tenders in respect of Silt Clearance of River Peali from Utterbhag Canning Road Bridge upto Hobon Sluice.
Then the true companyy of the award was forwarded to the Court by the Chief Executive Engineer and the application was filed by the respondent No.
