TAMILNADU ROAD SECTOR PROJECT II, HIGHWAYS DEPARTMENT Vs. IRCON INTERNATIONAL LTD AND SUMBER MITRA JAYA

JUDGEMENT

(1.) The petition has been filed invoking the provisions of section 11 (6) of the Arbitration and Conciliation Act, 1996, herein after called the Act. The petitioner who is the Tamilnadu Road Sector Project II, Highways Department had entrusted to the 1st respondent herein the Civil constructions work relating to the upgradation of the road from Nagapatinam to Kattumavadi and the new bypass roads at, Nagapattinam, Thiruthuraipundi and Muttupet, which was being financially assisted by a loan from the International Bank for Reconstruction and Development in the year 2005.

(2.) The 1 st respondent was entrusted with the civil construction work and an agreement to this effect was entered into on 04.02.2005. Prior to this agreement, the petitioner had engaged the services of the 2nd respondent as the Supervision Consultant, to supervise and administer the contract for which an agreement was entered into on 10.09.2004 between the petitioner and the 2 nd respondent.

(3.) The petitioner would submit that the 1st respondent who had commenced the contract in the year 2005 had concluded the same in the year 2011 and the defects liability period also came to an end in the year 2012.