UNION OF INDIA Vs. M SENTHILKUMAR

JUDGEMENT

(1.) THIS order shall dispose of O.P.Nos.812 and 813 of 2010 as the common question of law and facts involved are involved in these above Original petitions. For the sake brevity, the facts have been taken from O.P.No.812of 2010.

(2.) THE petitioners herein filed these Original petitions under Sec.34 of the Arbitration & Conciliation Act challenging the Awards dated 20.04.2008 passed by the sole Arbitrator Mr.Justice K.M.Natarajan.

(3.) IT is admitted case of the parties that the contract was not completed, and the respondent was able to execute 33.39% of the contract work till the expiry of stipulated period. IT was one of the conditions of the contract that minimum 3 samples of ballast analysis was to be taken for measurement on any particular date even if the numbers of stacks to be measured were less than three.