N. V. RAMANA, A. S. BOPANNA, HIMA KOHLI
Atlanta Limited through its Managing Director – Appellant
Versus
Union of India Rep. by Chief Engineer Military Engineering Service – Respondent
JUDGMENT :
A.S. BOPANNA, J.
1. The appellant-claimant has preferred this appeal against the judgment and order dated 20th July, 2010 passed by the Division Bench of the High Court of Madras partly allowing the appeal preferred by the respondent-Union of India under Section 39 of the Arbitration Act, 19401 [In short ‘1940 Act’] and interfering with the order dated 19th January, 2009 passed by the learned Single Judge in O.P. No. 663 of 1999, a petition filed by the respondent-Union of India under Sections 30 and 33 of the 1940 Act against the arbitral Award dated 24th June, 1999. Vide judgment dated 19th January, 2009, the learned Single Judge had dismissed the said petition filed by the respondent-Union of India and had upheld the Award. The Division Bench of the High Court has, however, set aside the amount awarded by the learned Sole Arbitrator in favour of the appellant herein towards idle hire charges and value of the tools and machineries. Further, the findings returned in the Award relating to extension of time and illegal termination of the contract by the respondent-Union of India in favour of the appellant-claimant were also set aside. On the remaining issues, the order of t
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