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2021 Supreme(Mad) 1761

SANJIB BANERJEE, P.D.AUDIKESAVALU
Project Director, Tamil Nadu Road Sector Project, Chennai – Appellant
Versus
JSR Constructions Pvt. Ltd. , Rep. by Power of Attorney Holder R. Paneerselvam – Respondent


Advocates Appeared:
For the Appellant :R. Shunmugasundaram, Advocate-General assisted by P. Muthukumar, State Government Pleader.
For the Respondent: D. Balaraman.

JUDGMENT :

Sanjib Banerjee, J.

(Prayer: Appeal under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of the Letters Patent against the judgment dated 30.4.2019 passed by the learned Single Judge on O.P.No.228 of 2014.

1. The appeal is directed against an order dated April 30, 2019 passed under Section 34 of the Arbitration and Conciliation Act, 1996, rejecting the challenge to an arbitral award dated November 23, 2013.

2. The matter pertains to a project undertaken and completed in or about the year 2008 for the construction of two segments of the Ramanathapuram Bypass road adding up to slightly over 10 kilometre. The respondent contractor initiated the arbitral reference upon claiming, inter alia, the wrongful withholding of performance security, money payable under the bills raised by the contractor, loss of profit on account of delay and the like. The arbitral tribunal consisted of three members. It is the majority view which was assailed as such majority view found a substantial amount, in excess of Rs.9.44 crore together with interest, to be due and owing from the appellant herein. The original contract was valued at a little over Rs.35 crore.

3. The appellant que

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