JUDGMENT

(Prayer in both the appeals: Original Side Appeal filed under Clause 15 of the Letters Patent Act read with Order 36 Rule 1 of the Original Side Rules and Section 37(1)(b) of the Arbitration and Conciliation Act, 1996, against the common fair and decreetal order dated 01.07.2011 passed in O.P.No.813 and 812 of 2010 respectively on the file of this Court on its Original Side.)

Common Judgment

R. Subramanian, J.

1. Both these appeals are by the contractors who had entered into a contract with the railways for supply of 50 mm stone ballast. The appellant in OSA.No.388 of 2011 had entered into a contract with the railways on 25.05.2005. The period of contract was for 12 months ending on 24.05.2006. The appellant in OSA.No.43 of 2012 had entered into a contract for supply of 50,000 cubic meters of 50 mm stone ballast on 26.05.2005. The period of contract was for 11 months and it expired on 25.04.2006. It is an admitted case of the parties that both the appellants did not complete the entire supply within the contract period and the railways terminated the contract on 11.01.2007 for non-performance.

2. Contending that the termination is illegal and that the railways was responsible f