UNION OF INDIA Vs. PRIME HABITATS PVT LTD

JUDGEMENT

(1.) This appeal has been filed by the Union of India and the Deputy Chief Engineer of the Southern Railway impugning the order of the II Additional District Judge, Thalassery, in an original petition filed by the respondent herein, as per which, an Arbitration Award - issued consequent to the terms of a contract between the parties - has been set aside; with a resultant order to the Arbitral Tribunal to pronounce a fresh Award.

(2.) The appellants have edificed this appeal primarily on three grounds, namely:

(3.) In response to the afore contentions made on behalf of the appellants by their Standing Counsel, Shri.Dinesh Rao A., the learned counsel appearing for the respondent, Smt.N.Sudha, asserted that the order of the learned District Judge is irreproachable, since it has categorically found therein that the Arbitral Tribunal had issued an Award contrary to the specific directions of the Hon'ble High Court of Madras in O.P.No.166 of 2009. She says that, therefore, the Award was rightly construed by the learned District Judge to be opposed to public policy and hence, it will fall within the parameters of Section 34 of the Act.