JUDGMENT :

(Prayer: This Petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 praying to set aside the arbitral Award of Respondents 2 to 4 dated 13.06.2011 and the further Award dated 14.12.2011 made in relation to Agreement No.14/Dy.CE/GC/MDU/HQ/2009.)

1. The Petitioners were the respondents before the Arbitral Tribunal. An arbitral award dated 13.06.2011 (the Award) and the further Award dated 14.12.2011 are assailed under Section 34 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act). The Award and further Award are referred to collectively as the Awards.

2. A contract was awarded on 28.03.2009 to the first Respondent by the Petitioners for the work of doubling of track between Dindigul and Madurai section by gauge conversion. The total contract value was a sum of Rs.5,17,73,362/-. The contract was on measure and pay basis with a bill of quantities(BoQ) annexed thereto, and work was to be completed within a period of six months.

3. In spite of granting extensions, it is stated that the first Respondent did not complete work. Therefore, the work was awarded to a third party contractor and completed in such manner. The first Responden