JUDGMENT :

Prayer: Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 praying to set aside the Award dated 23.05.2014 passed by Respondents 3 to 5.

Challenging the Three Members Arbitral Award, the present Original Petition has been filed.

2. The brief facts leading to file this O.P. is as follows:

2(a) The Respondent/Petitioner herein has awarded the work “collection and supply of 50mm size machine crushed hard granite ballast between Dindigul (excluding) and Madurai (including) as a part of doubling of the track between Dindigul & Madurai section” to the claimant on 22.08.2006 and agreement No.183/CN/06 dated 13.11.2006 was executed by them for the value of Rs.6,18,24,000/- with a date of completion as 21.06.2007 (ten months).

2(b) It is the case of the claimant that work was not completed in time. However, contract was terminated. It is not as per general condition of contract. It is his further case that thereafter risk tenders were awarded on relaxed specification of 25% impact value at exorbitant rate. Despite his plea for relaxing the impact value to 25% was not considered by the Respondent. It is the plea of relaxation of impact value had been consider