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R. SUBRAMANIAN, R. KALAIMATHI
K. S. Baburaj – Appellant
Versus
Union of India, Represented by the General Manager, Southern Railway, Chennai – Respondent
| Table of Content |
|---|
| 1. contractual obligations and termination basis (Para 1 , 2 , 3 , 4) |
| 2. judicial review limits in arbitration (Para 5 , 6) |
| 3. limits of section 34 review authority (Para 8 , 9 , 10) |
| 4. contractual provisions impacting awards (Para 11 , 15 , 22) |
| 5. arbitrator's jurisdiction on claims and contract clause interpretation (Para 12 , 17 , 19) |
| 6. legitimacy of damage claims (Para 20) |
| 7. negotiating contract performance disputes (Para 21 , 34) |
| 8. final determination on award modifications (Para 36 , 39) |
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 end
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