C O M M O N O R D E R

Aggrieved over the award passed by the learned sole arbitrator, O.P.No.492 of 2020 filed by the respondent to set aside the award. O.P.No.544 of 2020 has been filed by the claimant against the award disallowing certain claims.

2. Since both the Original Petitions arise out of the same award, the parties are referred as per their ranking in O.P.No.492 of 2020 and the petitioner in O.P.No.492 of 2020 Chennai Petroleum Corporation [CPCL] is referred as the claimant and the respondent in O.P.No.492 of 2020 Ion Exchange [India] Ltd.

[IOIL] is referred as the respondent.

3. Brief facts leading to filing of this original petitions is as follows :

The claimant is a leading water treatment company and is a pioneer in Reverse Osmosis Technology. They were awarded with a contract by the respondent for construction of the Desalination Plant [LSTK2] out of LSTK- 1 to 3. Originally tender was invited for a period of one year. The claimant submitted its offer on 06.04.2009 and the price quoted was Rs.1.07 Crore per month. After meeting, the price per month was revised to 65 lakhs per month for two years contract period. Accordingly, Letter of Acceptance was issued by the respondent on 04.10.2010. On 22.10.2010 a contract was entered between the claimant and the respondent. The claimant took over the operation and maintenance on 24.10.2020 and continued the operations and maintenance for the contractual period upto 23.10.2012. It is the contention of the claimant that although the claimant fulfilled its contractual obligations, the respondent did not pay large amount which was due and payable to the claimant under the contract. Hence, the claimant raised the following claims :