ROMAN TARMAT LTD. Vs. IT EXPRESSWAY LIMITED, CHENNAI

JUDGEMENT

(1.) This appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (for short, the Act) is directed against the order dtd. 9/8/2021 in O.P.No.306 of 2015 passed under Sec. 34 of the Act.

(2.) We have heard the learned Senior Counsel appearing on behalf of the appellant.

(3.) The facts on record show that a contract was entered into between the appellant and the respondent, for construction of service road and foot path on LHS and RHS in Rajiv Gandhi Salai (IT Corridor), Chennai, Tamil Nadu. The relevant dates, which include the date of commencement of work and the period for its completion, have been indicated in paragraph 3 of the impugned order. It appears that after commencement of the work, since the appellant failed to show progress as was required and committed several breaches, the respondent terminated the contract. At the instance of the appellant, the matter was referred to a Three Member Arbitral Tribunal (for brevity, the Arbitral Tribunal) wherein the appellant sought to declare the termination notice dtd. 30/11/2010 to be arbitrary, illegal and premature and to direct the respondent to pay a sum of Rs.7.68 Crores together with interest at 12% from the date of filing of claim statement till the date of payment.