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2012 Supreme(Ker) 317

R.BASANT, S.S.SATHEESACHANDRAN
Union Of India Rep. By Chief Engineer, Naval Works – Appellant
Versus
Bharath Builders & Contractors, C/O. G. Karthikeyan, Partner, "Sree Govindam" Kochi – Respondent


Advocates Appeared:
For the Pettioners: S. Krishnamoorthy, CGC.
For the Respondents:Meijo Kurian Puvathingal, Advocate.

Judgment :-

Satheesachandran, J.

1. The appellant, Union of India, was the respondent in the arbitration proceedings emanating from the contract agreement, CA NO.CECZ/CHN/34 of 1989-90: Provision of an AED Hangar at INS Garuda, Naval Base, Kochi, in which a sole arbitrator was appointed as per the directions issued by this Court in Writ Petition No.10520 of 2004. The award passed by the arbitrator was challenged by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996, for short, `the Act', on various grounds, before the court below, the 1st Additional District Judge, Ernakulam. The learned District Judge, repelling the challenges raised against the award, dismissed that application. Feeling aggrieved, the appellant has preferred this appeal.

2. Short facts necessary for disposal of this appeal can be summed up thus:

The respondent/contractor was awarded the contract work, construction of an AED Hangar at INS Garuda, Naval Base, for a sum of Rs.1,42,58,880/-. That contract work bearing CA NO.CECZ/CHN/34/1989-90: provision of AED Hangar at INS Garuda, Kochi was entered into under the General Conditions of Contracts of I.A.F.W-2249, to which, Military Engineer






























































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