1. This order shall dispose of O.P.Nos.812 and 813 of 2010 as the common question of law and facts involved are involved in these above Original petitions. For the sake brevity, the facts have been taken from O.P.No.812of 2010.

2. The petitioners herein filed these Original petitions under Sec.34 of the Arbitration & Conciliation Act challenging the Awards dated 20.04.2008 passed by the sole Arbitrator Mr.Justice K.M.Natarajan.

3. In response to the tender notice issued by the petitioner, the first respondent applied for the Track Ballast contract work "MAS-DGR Sections-Collections and supply of 50 mm size machine crushed stone Ballast at TADA Depot for SSE/P.way/SPE and SPE sections including loading and unloading from BKH wagons for making up deficiency in ADEN-SPE and ADEN-SPE sub division"

4. The tender submitted by the respondent was accepted by the Railway vide letter of acceptance No.M/W.496/East/ 5181 dated 26.5.2005. The period for completion of contract work was 11 months commencing from the date of letter of acceptance, and the work was to be completed on or before 25.04.2006. The total value of the contract was Rs.2,77,95,000/- (Rupees two crores seventy seven