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1995 Supreme(Mad) 249

K.A.SWAMI, RAJU
The Tamil Nadu Water Supply and Drainage Board (Twad) and Others – Appellant
Versus
The Pioneer Engineering Syndicate, Engineers and Contractors, Hyderabad and Others – Respondent


Appearing Advocates:N.R. Chandran, Sr. Advocate, M/s. Baskaran K. Elango, P. Saravananan, G. Narasimha (For No. 1) (Caveator), R. Muthukumaraswamy, Govt. Pleader (For No. 2).

Judgment :-

K.A. SWAMI, C. J.

These three appeals are preferred against a common order dt. 7-12-1994 passed by the learned single Judge in W.P. Nos. 11668 to 11670 of 1994. The learned single Judge has disposed of the Writ Petitions with the following direction:

"For all the reasons stated above, the writ petitions are allowed in part and the petitioner is directed to invoke Clause 51 of the Contract and refer all the disputes and differences arising out of the contracts in question in addition to the disputes already raised. Both parties are at liberty to file their claims, statements and other documents before the Arbitrator to be appointed by the Original Side of this Court under Section 20 of the Indian Arbitration Act on the application of the petitioner. Till such time, the respondents shall not invoke the Bank guarantee and maintain the status quo. There will be no order as to costs."

In all these writ petitions, the contractor the 1st respondent herein sought for quashing the order of termination of contracts which were given for the purpose of execution of certain works of the Tamil Nadu Water Supply and Drainage Board. The said agreements contain a clause providing for arbi

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