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2009 Supreme(Mad) 4593

M.SATHYANARAYANAN, PRABHA SRIDEVAN
State Industries Promotion Corporation of Tamil Nadu Ltd. – Appellant
Versus
Ircon International Ltd. , Rep. by its Zonal Manager & Another – Respondent


Advocates Appeared:
For the Appellant:G. Masilamani, Senior Counsel for G. Nagarajan, Advocate.
For the Respondents:R1, V.T. Gopalan, Senior Counsel for V.G. Suresh Kumar, Advocate.

Judgment :-

Prabha Sridevan, J.

The appellant-State Industries Promotion Corporation Of Tamil Nadu Ltd. (hereinafter referred to as SIPCOT) alleges misconduct on the part of the Sole Arbitrator on the ground that the learned Arbitrator had relied completely and totally on an award passed by him in another proceedings between the respondent herein and another, to which the appellant was not a party, although the subject matter of the contract may be the same in both the proceedings. It is contended that the absence of independent application of mind, total reliance on the proceedings where the appellant herein was not a party and therefore, violation of the principles of natural justice would vitiate the award. There is no doubt nor any dispute that the award in this matter was passed in favour of the first respondent herein almost entirely because of the fact that in the other proceedings, the award was passed against the first respondent herein. Even the first respondent herein does not deny it, but according to the first respondent, this was justified, whereas according to the appellant, this amounts to gross misconduct.

2. The matter relates to the construction of internal road




















































































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