R.SUBBIAH, C.SARAVANAN
Superintending Engineer National Highways, Salem Circle – Appellant
Versus
Gowpatt Associates – Respondent
JUDGMENT :
R. Subbiah, J.
(Heard through Video-Conferencing)
1. These appeals have been filed challenging the common order dated 02.04.2019 in OP Nos. 456 and 457 of 2019 filed under Section 34 of the Arbitration and Conciliation Act, whereby, the Commercial Division of this Court dismissed the Original Petitions, which were filed challenging the two arbitration awards in OP Nos. 62 and 63 of 2015, dated 27.10.2017.
2. The brief facts which are necessary to decide these appeals are as follows.
3. The appellant herein has floated tenders relating to two projects, namely, (i) widening and strengthening of Kms 340/0 to 345/2 and Kms 345/8 to 360/7 stretch at NH-67 extension and (ii) widening and strengthening with paved shoulders of the road connecting Salem-Cochin at KM 105/0 of Nagapattinam-Gudalur-Mysore Road Km 289/6 via., Nallur and Perumtholvu Km 0/0-10/4 connecting the State of Tamil Nadu with State of Karnataka. The first stretch of 5.2 Kms i.e., from Kms 340/0 to Kms 345/2 starts from the Coimbatore Stock Exchange and terminates at the Coimbatore Town Hall. The second stretch of 14.8 Kms i.e., from Kms 345/8 to Kms 360/6 starts from Sukkirawarpet and terminates at Narasimhanaickan
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