IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Anand Venkatesh, J
Southern Railway Rep.by The Chief Engineer (South) – Appellant
Versus
M/s.Sri N.Jayachandran M/s.Nilakantan and Son Pvt.Ltd. – Respondent
ORDER
This Original Petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for brevity, herein after referred to as 'the Act') against the award dated 05.03.2018 passed by the Sole Arbitrator.
2.The Respondent is a construction Company involved in infrastructure projects. They were awarded a contract relating to the work of construction of Bridge No.42 at km 82/6-7(5 x 19.2m) PSC Box girder and strengthening of existing substructure between Kuttakkudi-Pukkaravari stations as part of Cuddalore, Vriddhachalam-Salem gauge conversion project vide Agreement No. 168/CN/05 dated 03.06.2006. The project was to be completed within a period of eight months. However, due to various reasons, it was extended from time to time and ultimately it ended in the termination of contract by the Petitioners on 29.1.2007.
3.The dispute was referred to the Sole Arbitrator and the Respondent made various claims pertaining to the payment of compensation, losses, claim for final bill, etc.
4.The substantiation made by the Respondent/Claimant, the defence that was raised by the Petitioner/Railways and the findings rendered by the Arbitral Tribunal are tabulated hereunder:
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