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2015 Supreme(Del) 633

S.MURALIDHAR
Chennai Ennore Port Road Co. Ltd. – Appellant
Versus
RDS Project Ltd. – Respondent


Appearing Advocates:
For the Petitioner:Arun Kumar Varma, Sahiti Kachroo, Mayank Sapra, Advocates.
For the Respondent:Jagdeep Dhankar, Senior Advocate, Asha Jain Madan, Mukesh Jain, Advocates.

Judgment :-

1. These are three petitions by the Chennai-Ennore Port Road Company Ltd. (‘CEPRCL’) under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) challenging three separate Awards rendered by the Arbitral Tribunal (‘AT’) in three references made to it regarding disputes that arose between the Petitioners and the Respondent RDS Project Ltd. (‘RDSPL’) out of a formal agreement signed between them on 20th May 2003 for execution of ‘Sea Protection work along the Ennore Expressway’ in Chennai.

Background

2. The Petitioner is a Special Purpose Vehicle of the National Highways Authority of India (‘NHAI’). Clause 1.1 of the agreement defines the scope of works. The Petitioner was required to construct 10 Groyne rigid hydraulic wooden/concrete structures built to interrupt water flow and limit the movement of sediment in sea/ocean which are found used in tandem with seawalls.

3. Under Clause 1.1 of the agreement, the scope of works was specified as under:

(i) Identification of quarries for supply of stones of required specifications.

(ii) Arranging transportation of these ston














































































































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