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2010 Supreme(Mad) 852

CHITRA VENKATARAMAN
The Board of Trustees of the Chennai Port Trust rep. by its Chairman, Rajaji Salai, Chennai – Appellant
Versus
M/s. Amudha Engineering Company Private Limited rep. by its Managing Director, R. Ayyaswamy & Others – Respondent


Advocates Appeared:
For the Petitioner:R. Karthikeyan, Advocate.
For the Respondents:R1 - N. Anand Venkatesh for Rajaraman, Advocates.

Judgment :

1. This petition is filed against the award passed by the Arbitral Tribunal dated 3.5.2004. The petitioner herein was the respondent before the Arbitral Tribunal.

2. The petitioner herein awarded a contract to the first respondent in the matter of construction of eastern side wall of the Boat Basin of Chennai Port Trust. The work was awarded on 31.8.1994 at a ceiling price of Rs.2,57,21,122.50 and to be completed within 18 months. The petitioner herein terminated the contract under notice dated 8.9.1998 by invoking Clause 5(a) of Schedule C, ordered forfeiture of security deposit and blacklisted the first respondent for three years as well as for recovery of mobilisation advance, apart from encashing the bank guarantee. On 27.3.1999, the petitioner herein caused paper publication calling for fresh tender in respect of the unfinished work for a sum of Rs.2.49 crores. The first respondent moved this Court for an interim injunction against the petitioner calling for fresh tender as well as for a direction to the petitioner to issue the work order to the first respondent in respect of the balance of work, apart from certain monetary claims. The prayer was, however, rejected.





































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