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2022 Supreme(Mad) 3176

M. SUNDAR
Chennai Water Desalination Ltd. , (CWDL) Rep. by its Manager, Chennai – Appellant
Versus
Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) Rep. by its Managing Director, Chennai – Respondent


Advocates appeared:
For the Petitioner:Hema Srinivasan along with N. Umayaparvathi, Advocates. For the Respondent:P. Kumaresan, Additional Advocate General for Gautam S. Raman Standing Counsel for CMWSSB.

JUDGMENT

(Petitioner filed under Sections 34(2)(b)(ii) read with Explanations (ii) and (iii) of the Arbitration and Conciliation Act, 1996 (as amended) to partially set aside the award dated 09.10.2017 passed by the Arbitral Tribunal as far as it relates to the counter claim of the petitioner herein.

Captioned 'Original Petition' ['OP' for the sake of convenience and clarity] was presented in this Court on 08.01.2018 under Section 34 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)', which shall hereinafter be referred to as 'A and C Act' for the sake of brevity, assailing an arbitral award dated 09.10.2017 made by a three member Arbitral Tribunal.

2. This 09.10.2017 arbitral award being a unanimous award made by a three member 'Arbitral Tribunal' ['AT' for the sake of brevity] shall hereinafter be referred to as 'impugned award' for the sake of brevity, convenience and clarity.

3. There have been multiple listings of captioned main OP before this Court and proceedings made by me in the listing on 15.03.2021 captures the crux and gravamen of the captioned main OP. This 1


























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