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2010 Supreme(Mad) 637

M.CHOCKALINGAM, T.MATHIVANAN
The Superintending Engineer, Highways Department, Chennai Circle, Guindy – Appellant
Versus
M/s. National Asphalt Products & Construction Company, Nandanam, Chennai & Others – Respondent


Advocates Appeared:
For the Appellant : Bhavani Subbarayan, Spl. Govt. Pleader (CS).
For the Respondent: R1 - R. Thiagarajan,

Judgment :

M. CHOCKALINGAM, J.

1. This intra-Court appeal challenges the order of the learned Single Judge of this Court, dismissing O.P. No.52 of 2003, seeking to set aside the arbitral award dated 5.9.2002.

2. The Court heard the learned counsel appearing for the appellant and also for the first respondent.

3. The short facts leading to the filing of the appeal can be stated thus:-

(i) The first respondent was awarded with a contract of carrying out the work of forming a four lane link road from Pallavaram to join old Mahabalipuram road from KM 0/0 to 10/620. The value of the work was Rs.20,11,73,836/-which was 4.90 per cent above the estimated rate. When the contract was entered into on 18.6.1999, the time for completion of work was fixed as 18 months from the date of handing over of the site i.e. from 28.6.1999. The execution of the work was commenced on 28.6.1999 and the same was completed on 28.12.2000.

(ii) While the work was in progress, two additional works were to be executed. The first respondent raised a dispute as to the rates quoted for the supplemental work and made certain claim in respect of the said work. Since it was denied, the matter was referred to the arbit










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