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2022 Supreme(Mad) 1078

SENTHILKUMAR RAMAMOORTHY
Chennai Metropolitan Water Supply and Sewerage Board – Appellant
Versus
Tecton Engineering and Constructions LLC – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Gautam S. Raman
For the Respondent: Mr.Amalaraj S.Penikilapatti, Ms.R.Maria Sathya, Mr.Judy Selva

ORDER :

PRAYER : Original Petition filed under Section 34(2) of the Arbitration and Conciliation Act 1996 prayed that the Court may be pleased to set aside the Arbitral Award dated 20/07/2019.

The Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB/the employer) floated a tender in relation to the provision of sewerage facilities to the Thirumazhisai Town Panchayat. M/s.Tecton Engineering and Constructions LLC, the respondent herein/contractor, was the successful bidder. Consequently, an agreement dated 10.02.2010 was executed between the petitioner and the respondent. The contract documents included the agreement, letter of acceptance, conditions of contract, specifications, bill of quantities, drawings, etc. These documents collectively constitute the Contract. The Contract stipulated that work should be completed within a period of 24 months. The execution of work was delayed and work was eventually completed on 15.03.2015.

2. The conditions of contract comprised both General Conditions of Contract (GCC) and Special Conditions of Contract (SCC). The GCC defined the term “Adjudicator” and provided for the appointment of an Adjudicator jointly by the employer and the contrac

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