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2000 Supreme(Mad) 1231

P.SHANMUGAM, A.SUBBULAKSHMY
State of Tamil Nadu – Appellant
Versus
K. Ramaswamy – Respondent


Advocates Appeared:
Mr. M. Dhandapani, Additional Government Pleader (C.S.), for Appellants.
Mrs. Hema Sampath, Advocate for Respondent No.1.

Judgment :

P. Shanmugam, J.

1. Both the above appeals arise out of an Arbitration Award and judgments seeking for a direction to file the original award and pass the decree in terms thereof (O.P.No.1 of 1992) and an order to set aside the order of award dated 12.3.1992 (O.P.No.2 of 1992) under Sections 17 and 14(2) and under Section 30 of the Arbitration Act, 1940 (hereinafter referred to as the Act) respectively. The Subordinate Judge directed the Arbitrator to file the original award and passed a decree in terms of the said award. He has also, in O.P.No.2 of 1998, dismissed the application under Section 30 to set aside the award. The State of Tamilnadu, aggrieved by the allowing of the application under Section 17 and 14 (2) of the Act and dismissing the application under Section 30 of the Act, filed the above two appeals.

2. The facts of the case are as follows:

The first respondent is a Contractor and a successful tenderer for undertaking the work of formation of Pugalur Byepass Road. An agreement dated 8.2.1988 was entered into. The agreement, inter alia, provided that the work must be executed within a period of 18 months from the date of handing over of the site. The site wa




























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