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2004 Supreme(Mad) 1260

P.SATHASIVAM, S.K.KRISHNAN
The Chief Engineer, Chennai Port Trust – Appellant
Versus
Amudha Engineer Co. , Ltd. & Others – Respondent


Advocates Appeared: For The Appellant :R.S. Jeevarathinam, Advocate. For The Respondents:R1, Nalini Chidambaram, Senior Counsel for M. Rajaraman, R5, P.Benjamin George, Advocate.

Judgment :-

P. Sathasivam, J.

Chennai Port Trust is the appellant in the above appeals. The above O.S. Appeals are filed against the common order dated 31.01.2000 made in O.P.Nos.305 of 1999 and 518 of 1999. O.P.No.305 of 1999 is filed by the Chief Engineer, Chennai Port Trust under Section 34 of the Arbitration and Conciliation Act, 1996 (in short "the Act") against the interim award passed by the Arbitral Tribunal dated 03.12.1998 and O.P.No.518 of 1999 is against the final award passed in the said O.P., dated 24.04.1999.

2. Since the issue raised in both the appeals are inter-connected and one and the same, the appeals are being disposed of by the following common judgment. For convenience, we shall refer to the parties as arrayed before the learned single Judge.

3. The petitioner - Chennai Port Trust called for tenders for construction of Eastern Wall of Boat Basin. Among the tenders, the first respondent - Contractor herein was successful and its offer was accepted by the petitioner. The period fixed for completion of the work was 18 months. The work was awarded to the first respondent on 31.08.1994. The site was taken over on 23.09.1994. It is not in dispute that the first re



































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