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2016 Supreme(Mad) 2867

S.MANIKUMAR, C.T.SELVAM
Superintending Engineer, W. R. O. /P. W. D. , Thambraparani Basin Circle, Tirunelveli – Appellant
Versus
K. A. Thomas, Government Engineering Contractor, Karuottuputhempura House, Palakuzha Post, Kothattakulam, Muvattupuzha, Kerala – Respondent


Advocates Appeared:
For the Appellants : Mr. M. Govindan, Special Government Pleader
For the Respondents: Mr. K. Babu Thomas for Mr. P. Subburaj.

JUDGMENT :

C.T. SELVAM, J.

These appeals challenge the judgment of learned Principal District Judge, Thoothukudi, passed in A.R.O.P.Nos.65 of 2007 and 221 of 2004 on 11.08.2014.

2. These appeals arise out of disputes between appellants and first respondents over work allotted to first respondents. Contracts there regards provide for arbitration. Insofar as C.M.A.(MD) No.1285 of 2014 is concerned, initial agreement was in respect of work referred to as package No.TAM-MC-6 for a sum of Rs.1,30,18,700/- and in respect of C.M.A.(MD) No.1301 of 2014, initial agreement was in respect of work referred to as package No.TAM-MC-10 for a sum of Rs.4,35,07,065/-.

3. C.M.A.(MD) No.1285 of 2014:

First appellant/petitioner issued a National Competitive Bidding Notice dated 12.10.1998 for performance of work relating to 'Rehabilitation and Modernization of North Main Canal in Thambaraparani System TAM-MC-6.' First respondent being the successful bidder an agreement dated 30.03.1999 was executed between first appellant and first respondent, for carrying out the work. The agreement provided for arbitration. The work assigned to first respondent was earth work of raising the sides of the embankment and li



















































































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