ORDER :

The pivotal issue involved in the applications and the original petitions is the right of the respondent to reopen the arbitral proceedings by once again invoking the arbitral clause in an agreement that had been terminated as early as in the year 1993 and which had been invoked by the claimant to settle the dispute between them and the respondent, this dispute having culminated in an Award passed in the year 1996 and confirmed right up to the Hon'ble Supreme Court. In short after an arbitral proceedings had culminated in an Award whether the respondent could reopen the Arbitral proceedings based on a finding in the Award.

2. Parties are referred to as the claimant and the respondent, as arrayed in the Arbitral proceedings.

3. Facts:

3.1. The facts in brief which would be germane for disposing of these applications are that the claimant was awarded the work of manufacturing, supplying, laying, jointing and testing of pre-stressed concrete pipes for water transmission main on a turnkey basis in two areas of Coimbatore and one area of Madurai city. The Coimbatore projects were termed as Coimbatore Reach I and Coimbatore Reach II respectively. The terms of the contracts stipulated