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2021 Supreme(Ker) 925

P.B.SURESH KUMAR, C.S.SUDHA
B. E. Billimoria and Co. Ltd. – Appellant
Versus
Union Of India Represented By The Chief Engineer, Navac – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.K.L.Varghese (Sr.), Sri.Ranjith Varghese, Sri.Rahul Varghese, Smt.Santha Varghese
For the Respondent: Sri.Thomas Mathew Nellimoottil, Senior Panel, P.Vijaya Kumar ASG, K.Thyagarajeswaran CGC

JUDGMENT :

P.B. Suresh Kumar, J.

This Arbitration Appeal is directed against the common order dated 06.01.2012 in O.P. (Arbitration) Nos.125 of 2008 and 178 of 2008 on the files of the Court of the District Judge, Ernakulam. The appellant is the petitioner in O.P. (Arbitration) No.125 of 2008 and the respondent in O.P. (Arbitration) No.178 of 2008.

2. The appellant is a works contractor. In furtherance to a tender process initiated by the second respondent on behalf of the first respondent, the Union of India, the appellant was awarded, among others, a few electrification works for execution at Ezhimala. Pursuant to the award, the appellant has entered into the agreement required in terms of the tender document with the respondents and executed the works. While drawing the final bills of the works, certain claims of the appellant were not accepted. The appellant has raised a demand for the same and sought a reference for arbitration, if the claims are disputed. The agreement provides for arbitration for resolution of disputes and consequently, the disputed claims were referred for arbitration. The arbitration clause in the agreement was to the effect that all disputes, other than thos

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