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2022 Supreme(Mad) 1126

SENTHILKUMAR RAMAMOORTHY
General Manager, Southern Railway, Chennai – Appellant
Versus
URC Construction (P) Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.T. Ramkumar.
For the Respondents: K. Aparna Devi, P. Subba Reddy.

ORDER :

1. The petitioners assail the arbitral award dated 12.12.2019 and the order dated 21.01.2020 (collectively the Award) insofar as the Award relates to the grant of disruption/idling and loss of profit claims, in part, and costs.

2. The petitioners awarded a contract to the respondent for earth work for forming a bank between kilometres 139-130, Reach IIIB, in relation to the gauge conversion of Mayiladuthurai-Karaikudi section. The contract also included the construction of a limited use subway (LUS). The estimated contract price was Rs. 22,14,12,498/-. Pursuant to the award of the contract to the respondent, a letter of acceptance was issued on 10.10.2013 and an agreement was executed on 07.04.2014. The said agreement specified that work had to be completed within a period of 15 months from the date of issuance of the letter of acceptance. On or about 17.04.2014, it appears that a decision was taken to eliminate the construction of the LUS from the scope of work. This was communicated to the respondent on or about 14.01.2015. Both prior and subsequent thereto, several extensions of time were granted and work was eventually completed on 30.09.2017.

3. After completion of the wo

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