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1990 Supreme(Mad) 656

A.R.LAKSHMANAN
N. V. Bashyam Reddy and Co. rep. by its Managing Partner R. Yuvaraj, Bharathi Road, Cuddalore – Appellant
Versus
Food Corporation of India and Another – Respondent


Advocates:
M. Krishnappan, for Petitioner. P.B. Krishnamoorthy, for Respondents.

Judgment :

The matter arises under the Indian Arbitration Act, 1940. The petitioner in this original petition is the contractor. The petitioner filed O.P.No.44 of 1987 before this Court under Sec.14(2) of the Arbitration Act for a direction to file the award. This Court has received the award passed by the Arbitrator dated 11. 1987. The petitioner filed O.P.No.214 of 1988 for the following reliefs:

(a) To set aside that portion of the award under Sec.30 of the Arbitration Act in respect of the rejection of the part of the claim of the peti- tioner for a sum of Rs.1,59,960-07;

(b) To modify the Award by directing the payment of the sum of Rs.1,59,960-07 to the plaintiff (the amount rejected by the Arbitrator), in addition to the amount already awarded to the plaintiff, with interest as per Sec.34 of the Civil Procedure Code from the date of the passing of the decree; and The facts in brief are as follows:

The petitioner was awarded a contract for clearing cum Stevedoring and Transport at Pondicherry Port by the first respondent, the Food Corporation of India. The contract was for the period from 26. 1978 to 26. 1980. It is stated in the petition that during the operation of the contr











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