UNION OF INDIA Vs. S. PREETHY

JUDGEMENT

(1.) These four Arbitration Appeals, namely, Arb.A.Nos.65/2012, 66/2012, 1/2013 and 4/2013, arise out of O.P.(Arb.) Nos.33/2004, 31/2004, 32/2004 and 36/2004 respectively, on the file of the Court of the Subordinate Judge of Alappuzha. The appellants in all the four appeals are the same. [Union of India and Chief Engineer and Deputy Chief Engineer of Southern Railway (Construction).] While, the first respondent in two appeals is V.K.Natesan, the first respondent in the two other appeals is S.Preethy, wife of V.K.Natesan. It is submitted by the counsel on either side that the questions involved in all the four Arbitration Appeals are similar and connected. Therefore, all these four appeals are being disposed of by this common judgment.

(2.) The appellants awarded the work of Extension new BG Railway Line from Ernakulam-Alappuzha to Kayamkulam and the works connected therewith to V.K.Natesan and his wife Preethy. The works were completed in the year 1992. However, disputes arose between Railways and the contractors. Disputes relating to the contract between the parties to the contract were to be referred for arbitration, in terms of the agreement between them. The contractors filed O.P.(Arb) Nos.31, 32, 33 and 36 of 2004 on the file of the Sub Court, Alappuzha for appointing an Arbitrator. The Chief Engineer/workshop, Southern Railway, Southern Railway Head Quarters, Park Town, Chennai was appointed as the sole Arbitrator in all the four cases.

(3.) O.P.(Arb) Nos.31, 32, 33 and 36 of 2004 were respectively regarding