P. S. NARAYANA, J.

( 1 ) THE petitioner, Chairman of the Board of trustees of the Port of Visakhapatnam port Trust, Visakhapatnam, had filed the present O. P. under Section 30 of the arbitration Act, 1940, hereinafter referred to as "act" in short, praying for the relief to set aside the award dated 28-2-1991 made by sri Gurcharan Singh, Umpire, 12, Palam marg, Vasant Vihar, New Delhi 110057, shown as 1st respondent in the O. P. , relating to the work of construction of land based works at Lova Gardens which is C-2 works and marine works and break water construction, which is C-3 works. The contractor M/s. Continental Constructions limited, Continental House, 28, Place, New delhi 110018, is shown as 2nd respondent in the O. P.

( 2 ) THE O. P. was filed in the matter of c. M. A. No. 162/80 and C. M. A. No. 1189/82. The petitioner, no doubt, had raised several grounds in the main O. P. and also in the supplemental statement to the said O. P. on objections filed by M/s. Continental construction Limited, the Contractor, hereinafter referred to as "2nd respondent" for the purpose of convenience. Reply also was filed to such objections raised by the 2nd respondent. Initially the counsel

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