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2005 Supreme(SC) 485

G. P. MATHUR, P. P. NAOLEKAR
Union Of India – Appellant
Versus
Tecco Trichy Engineers And Contractors – Respondent


Judgment

P.P. Naolekar, J.—Leave granted.

2. The Southern Railway entered into a contract with respondent No. 1 for gauge conversion from Madras Beach to Trichchirappalli Villupuram Section - construction of a bridge being agreement No. 136/Cn/95 dated 29.9.95. On behalf of the Southern Railway, the contract was signed by the then Chief Project Manager, presently, the Chief Engineer. Dis­putes arose touching the claims arising out of the execution of works under the contract and in exercise of the power conferred by the arbitration clause contained in the contract, the General Manager, Southern Railway appointed an arbitrator as also a Presiding Arbitra­tor, while respondent No. 1 nominated its arbitrator. The arbitral tribunal so constituted gave its award on 10/11.03.2001 and signed the same. A copy of the award was delivered in the office of the General Manager, Southern Railway on 12.3.2001. The receipt seems to have been acknowledged by someone in the office, ­pro­bably the inwards clerk. The Chief Engineer ­received the copy of the award from the tribunal on 19.3.2001.

3. On 10.7.2001, the Chief Engineer presented an application for setting aside the arbitral award under Section
















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