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2007 Supreme(Mad) 1510

P.K.MISRA, J.A.K.SAMPATHKUMAR
Crompton Greaves Ltd. , Bombay Mutual Building, Chennai – Appellant
Versus
Dyna Plot No. 246, Nehru Nagar, Old Mahabalipuram Road, Kottivakkam, Chennai – Respondent


For the Appellant :M/s. Nageswaran & Narichania, Advocates. For the Respondent:R. Murari, Advocate.

Judgment :-

P.K. Misra, J.

This appeal is filed against the order of the learned single Judge in O.P.No.352 of 1998, which was filed by the appellant to set aside the award dated 2. 2001 rendered by the Arbitral Tribunal.

2. Appellant is a Public Limited Company. A contract was entrusted by DCM (hereinafter referred to as DCM in short) with M/s. Crompton Greaves Limited (hereinafter referred to as CGL in short), the appellant, for an aquaculture unit to be setup by such Principal, namely, DCM. CGL invited tenders for carrying out certain works for construction of ponds, channels, drains and associated works. M/s. Dyna Technologies Pvt. Ltd., the present respondent, who was the fourth respondent, in O.P.No.352 of 1998, gave its proposal, estimate and quotation for carrying out the work. Thereafter CGL placed a letter of indent and M/s. Dyna Technologies Pvt. Ltd., made several queries and raised certain clarifications and by letter dated 10. 1994, CGL amended the contract as suggested by M/s. Dyna Technologies Pvt. Ltd. Thereafter CGL issued work order on 111. 1994 setting out the terms and conditions of the work. After commencement of the work, on 1. 1995, CGL instructed the employe












































































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