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2021 Supreme(Mad) 2224

NAPC Limited, Royapettah – Appellant
Versus
Superintending Engineer, National Highways, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Satish Parasaran, Senior Counsel, Arun C. Mohan, Advocate.
For the Respondents: Edwin Prabhakar, Special Government Pleader (Civil Side).

JUDGMENT :

Sanjib Banerjee, J.

(Prayer: Appeals filed against the common order dated 10.07.2019 in OP Nos.881 and 899 of 2018 on the file of original side of this court by upholding the arbitration award published for implementation.)

The contractor is the appellant questioning an order passed under Section 34 of the Arbitration and Conciliation Act, 1996 setting aside an award on the ground of lack of authority and limitation. The appellant had partially succeeded before the arbitrator and the award provided for a sum of slightly over Rs.4.21 crore, inclusive of interest till the date of the award.

2. The contract was for the construction of a two-lane by-pass around Kanchipuram in the Villupuram Division connecting NH4 and the Kancheepuram – Vandavasi Road. It included the construction of a major bridge. The contract was, as accepted by the parties, for a period of 24 months from April 18, 2010. A first lot of claim was made by the contractor on January 9, 2012 for the period up to October, 2011, which was rejected by the respondent employer on March 9, 2012. The tenure under the contract was extended on or about April 17, 2012 for a period of seven months. On July 27, 2012, a second

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