JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 37 of Arbitration and Conciliation Act, 1996 aggrieved by the judgment and decree passed in Arbitration O.P. No.153 of 2010 on the file of the Principal District Judge, Cuddalore, Cuddalore District dated 30.03.2012.)

1. This appeal has been filed under Section 37 of the Arbitration and Conciliation Act challenging the order dated 30.03.2012 passed by the learned Principal District Judge, Cuddalore in Arbitration OP No.153 of 2010 under Section 34 of the Arbitration and Conciliation Act, 1996 allowing the application filed by the respondent and setting aside the Arbitral Award dated 30.10.2009 passed in favour of the appellant against the respondent.

2. The respondent was awarded a contract by the appellant for the retrieval and removal of Un–Burnt Lignite (for short UBL) from 3 Bunds of Thermal Station – I for a total contract value of Rs.2,25,55,556.40

3. According to the appellant, the respondent committed breach of contract. The claimant referred the dispute to Arbitration in accordance with the Arbitration clause contained in the contract and sought recovery of a sum of Rs.1,52,95,000/– together with interest at 12