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2005 Supreme(Ker) 489

J.B.KOSHY, K.R.UDAYABHANU
Raghul Construction Engineers & Contractors, Vattamuruppal House – Appellant
Versus
NTPC, Kayamkulam – Respondent


Judgment :-

Koshy, J.

Two arbitration awards passed by the same arbitrator were set aside by the civil court by a common order. These two appeals are filed by the contractor against that common order. Parties are the same.

2. Appellant/Contractor was awarded two contracts with the respondent National Thermal Power Corporation (TPC) for (1) the construction of temporary office-cum-storeshed No.2 at plant area of Kayamkulam STPP and (2) construction of an approach road to the southern block of plant area of Kayamkulam STPP. Clause 56 of the general conditions of contract provides for arbitration. First paragraph of clause 56 reads as follows:

“Except where otherwise provided for in the Contract all questions and disputes relating to the meaning of the specifications, designs, drawing and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works; or the execution or failure to execute the same whether























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