Both the parties appointed their respective Arbitrators, who could not concur with each other in their opinion and gave different Awards. Thereafter, the Chairman of the Arbitral Tribunal finally arrived at his own decision with a completely separate award on 20.02.2013. In the above award, the learned Chairman of the Arbitral Tribunal accepted the price for 10% defective Dal at Tk.78 per K.G. as fixed by the Price Fixation Committee of TCB and also declared that the respondent is entitled to get refund of Tk.95,00,000/- deposited by the respondent as performance security forfeited by the petitioner.
Against the decision Nos.II and part of III of the Award passed by the learned Chairman of Arbitral Tribunal, the petitioner TCB filed a case before the District Judge seeking to set aside the award and the learned District Judge after hearing of both the parties allowed the Arbitration Miscellaneous Case No.227 of 2013 and set aside Clause II and part of Clause III of the Arbitration Award dated 20.03.2013 passed by the learned Chairman of the Arbitral Tribunal in respect of Contract No.TCB/MP-2605/2010 dated 19.09.2010.
Being aggrieved by and dissatisfied with the aforesaid judgment, the 1st party-appellant (present respondent) preferred First Miscellaneous Appeal No.177 of 2015 before the High Court Division. The learned Judges of the High Court Division by the judgment and order dated 07.12.2016 allowed the appeal.
Feeling aggrieved by and dissatisfied with the judgment and order passed by the High Court Division, the leave-petitioner filed this civil petition for leave to appeal before this Division.
The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference. Accordingly, this civil petition is dismissed. ...Trading Corporation of Bangladesh=VS=M/S Trio Hologram Ind. Ltd. , (Civil), 2019 (1) [6 LM (AD) 186] ....View Full Judgment

Arbitration award– Order sheet of the arbitration proceeding and the judgment of the High Court Division. We do not find any element as provided in section 43 of the Arbitration Act, 2001 for setting aside the arbitral award in the pleadings and other materials produced by the respondent. We also did not find any allegation and proof of fraud or corruption or the arbitration award has been made in contravention of law or the arbitrator have failed to give reasons in the arbitration award. The High Court Division has committed error of law in setting aside the arbitral award of the majority arbitrators. We find substances in this appeal. ...Saudi Arabian Airlines Corporation =VS= M/S Saudi Bangladesh Services Co. Ltd., (Civil), 2021(1) [10 LM (AD) 212] ....View Full Judgment