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1996 Supreme(Mad) 709

S.S.SUBRAMANI
Gounder and Company – Appellant
Versus
B. S. Hegde – Respondent


Appearing Advocates: A. Shanmugham, P. A. Deivasigamani, Associates.

Judgment :-

SRINIVASAN, J.

In these two appeals, three matters are in dispute. The appellant entered into contracts with the 2nd respondent for the purpose of handling and transporting goods at the Coimbatore Main Depots of the 2nd Respondent and the Sub-depots around Coimbatore City for the period 16-11-1978 to 15-11-1980. As some disputes arose between the Parties regarding the claims made by the appellant, the matter was referred to arbitration.

2. The arbitrator accepted the claims made by the appellant to some extent and passed an award. The appellant filed Original Petition for filing the award into Court and for passing a decree in terms of the award, while the 2nd respondent filed a petition for setting aside the award. Both the petitions were heard together by a learned Judge of this court, who set aside the award of the arbitrator with reference to three matters and confirmed the same in other respects. The three claims, with regard to which, the award has been set aside, are referred to, for the sake of convenience, as Claim Nos. 3, 8 and 14. We will deal with Claim No. 3 at the end as it relates to a large amount.

3. Claim No. 8 is a claim made by the appellant for additio

















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