COMMON JUDGMENT

(Judgment of the Court was delivered by DR.G.JAYACHANDRAN, J.)

These two appeals, directed against (i) the order dated 09.02.2017 in O.P.No.427 of 2005 and (ii) the order dated 21.03.2019 in O.P.No.348 of 2004, in the petitions arising under Section 34 of the Arbitration and Conciliation Act, 1996 .

2. The appellant and the respondents are one and the same. The subject matter in both the appeals are also stems from same contract.

Hence, the common is passed in common.

O.S.A.No.195 of 2018

3. Ennore Port limited and M/s.Hindustan Construction Company Ltd, entered into a contract for transporting quarry from Karaikal to Melpakkam Quarry Transfer Station by road and from Melpakkam to Ennore by rail wagons. The Chennai Port Trust was required to arrange for railway wagons through Southern Railways as a facility provider to the Contractor. For the said purpose, Rs.5500/- was paid to Southern Railway. The said rate was periodically increased and by the end of the contract period, it was Rs.8185/- for each round trip. The total approximate value of the contract was Rs.119,52,21,700/- for supply of 3.07 Million Tons of rocks. The transportation charges paid to the Southern Regi