N.A.BRITTO, RANJANA PRAKASH DESAI
BOARD OF TRUSTEES OF PORT – Appellant
Versus
PIONEER ENGINEER – Respondent
Ranjana P. Desai, J.
The appellant is a body corporate, constituted under the Major Port Trusts Act, 1963 having its office at Mormugao, Goa. Respondent 1 is a partnership firm, registered under the Indian Partnership Act. Respondents 2 and 3 are the arbitrators appointed under the terms of the contract dated 12.10.1985 entered into between the appellant and respondent 1 for construction of transit shed, superstructure for multipurpose general cargo berth. In this appeal, the appellant has challenged the judgment and decree dated 26.03.1996 passed by the Civil Judge, Senior Division, Vasco-da-Gama, Goa in Special Civil Suit No. 72/1991, refusing to set aside the award dated 13.09.1990 passed by respondents 2 and 3.
The brief facts, which led to the impugned order, are as follows: In or about the year 1984, the appellants invited tenders for construction of transit shed, superstructure, the principal items of work to be carried out being : (a) Construction of the superstructure of the transit shed measuring 140.0 m x 55.0 m in plan, comprising R.C. Trusses of 55.0 m span and 9.5 m rise, the bottom chord being prestressed, supported on R.C. Columns spaced 7.75 m apart and 7.5
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