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2009 Supreme(Mad) 147

S.RAJESWARAN
The Chief Engineer, WRO, P. W. D. , Madurai Region & Another – Appellant
Versus
Chandagiri Construction Company Partnership firm rep. by its Partner & Another – Respondent


advocates Appeared
For the Petitioners: V. Srikanth Addl. Government Pleader (Civil side).
For the Respondents:Vijaynarayanan Senior counsel, S. Srinivasan Advocate.

Judgment :-

The petitioners are challenging the award dated 30.11.2006 passed by the second respondent/Arbitrator, under Sec.34 of the Arbitration and Conciliation Act 1996.

.2. The brief facts are as under:

.The petitioners invited bids for the work of Formation of earth Dam, Un-controlled Spillway, Canal Sluice and River Sluices for Kodumudiyar Reservoir Project. The bid of the first respondent was accepted by the petitioners and the Letter of Acceptance was issued on 1. 2000 and an agreement was also entered into on 24.01.2000. The value of the contract was Rs.16,09,52,881/-. The period of contract was 19 months and it was subsequently extended several times upto 31.03.2003, on which date, the work was completed. During execution of the contract, certain disputes arose between the petitioners and the first respondent.

.3. The first respondent sent notice to the petitioners demanding arbitration by appointing their Arbitrator and requesting the petitioners to appoint their Arbitrator or to concur with the appointment of the Sole Arbitrator. The first petitioner by letter dated 112. 2004 refused to appoint the arbitrator on the ground that the first respondent ought to have app















































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