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2021 Supreme(Online)(MAD) 6592

HIGH COURT OF MADRAS
Hon`ble Mr Justice M. SUNDAR
BEST CAST CONSTRUCTIONS PVT. – Appellant
Versus
THE UNION OF INDIA – Respondent


ORDER

Captioned 'Original Petition' ('OP' for the sake of brevity) is an application 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 05.03.2016' (hereinafter 'impugned award' for the sake of brevity), made by a Sole Arbitrator, who constituted the 'Arbitral Tribunal' ('AT' for the sake of brevity) which made the impugned award.

2. The entire lis pertains to a contract awarded by Southern Railway to 'Best Cast Constructions Pvt. Ltd.,' (hereinafter 'contractor'

for the sake of convenience). Suffice to say that this contract was inter alia for doubling of track between Shornur and Mangalore – Cannanore – Mangalore Section : Construction of Major Bridges with Pile foundation and Earthwork for approaches, 1) 14 spans of 12.19 M, PSC, Girder opposite to existing Bridge No.1162 at km 804/8-13 and 2) 1 span of 15.00M PSC Girder to existing Bridge No.11653 at km 804/17-805/1.

3. Southern Railway floated a tender on 15.07.1998, a formal agreement was entered into on 28.06.1999 (this formal agreement shall hereinafter be referred to as 'said c

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