O.P.No.377 of 2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.02.2021

CORAM:

THE HONOURABLE Mr.JUSTICE M.SUNDAR

O.P.No.377 of 2014

M/s.Gammon India Limited,

Represented by Mr.J.L.Ashar,

Vice President, Head-Works Survey

Gammon House, Veer Savarkar Marg,

Prabha Devi, Mumbai-400 025.

... Petitioner

Vs.

1.The Commissioner,

Corporation of Chennai,

Rep.by Superintending Engineer (Bridges)

Ripon Buildings, EVR Road,

Chennai-600 003.

2.Sri.A.V.Rangaraju (Presiding Arbitrator)

No.65/6 Sakthi Flats,

Kamarajar Salai,

Virugambakkam,

Chennai-600 092.

3.Dr.D.Thirunavukkarasu (Co-Arbitrator),

New No.60(Old No.56-B)

Anjugam Nagar III Street,

Ashok Nagar, Chennai-600 083.

4.Mr.A.Sampath Kumar (Co-Arbitrator),

No.519 2^nd West Street, West Avenue,

Thiruvanmiyur, Chennai-600 041.

(R2 to R4 are deleted in and by this order)

... Respondents

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O.P.No.377 of 2014

Prayer: Original Petition filed under Section 34 of the Arbitration and

Conciliation Act, 1996, praying to set aside the Arbitral Award dated

15.02.2014 relating to construction of 4 GRADE SEPARATORS (GROUP-

1) DESIGN ENGINEERING, PROCUREMENT AND CONSTRUCTION IN

CHENNAI CITY (CONTRACT PACKAGE NO.BR/D.C.NO.B3/722/2006)

except with respect to the Claim No.2 for Rs.39,24,887.

For Petitioner

: Mr.R.Venkataraman

For Respondents

: Dr.P.Vasudevan for R1

R2 to R4-Arbitrators

*****

ORDER

Captioned 'Original Petition' ['OP' for the sake of brevity] was taken up

for final hearing in the regular physical Court today.

2. Mr.R.Venkataraman, learned counsel on record for sole petitioner

and Dr.P.Vasudevan, learned counsel on record for the contesting first

respondent, namely Corporation of Chennai were before me and captioned

OP was taken up for final disposal and arguments of both sides were heard

out with the consent of both learned counsel.

3. An 'Arbitral Award dated 15.02.2014 bearing reference Agreement

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O.P.No.377 of 2014

No.BR.DC.No.B3/722/2006' [hereinafter 'impugned award' for the sake of

brevity] made by a three Member 'Arbitral Tribunal' ['AT' for the sake of

brevity] has been assailed obviously 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 in the captioned OP.

4. To be noted, the three noble men, who constituted the AT have been

arrayed as respondents 2, 3 and 4 in captioned OP. This Court, from the

submissions made/grounds urged, finds that the presence of the three noble

men, who constituted the AT in captioned OP is not necessary. Therefore,

following the procedure adopted by Hon'ble Supreme Court in Zonal

General Manager, Ircon International Ltd. Vs. Vinay Heavy Equipments

reported in (2015) 13 SCC 680 [to be noted, deletion procedure is captured

in order reported in 2007 SCC OnLine SC 4], this Court deletes respondents

2 to 4 from the array parties in the captioned OP. Therefore, Corporation of

Chennai, which has been described as the contesting first respondent supra,

now becomes the lone respondent in captioned OP.

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O.P.No.377 of 2014

5. This Court, from hereon, in this order shall refer to the 'petitioner' as

'contractor' and 'lone respondent' shall be referred to as 'Chennai Corporation'.

6. Chennai Corporation awarded the work of construction of 4 Grade

Separators to the contractor vide Letter dated 02.01.2007 bearing reference

Lr.No.B3/722/2006. This was crystallized by way of recitals and covenants

vide

an

Agreement

bearing

reference

'Agreement

No.BR.DC.No.B3/722/2006' [hereinafter 'said contract' for the sake of

brevity]. This Court is informed that value of said contract is Rs.4080.915

lakhs and the period for completion of work under said contract is 15

months. The work of construction of 4 Grade Separators as can be culled out

from the c