ANUGRAHA ENGINEERS & CONTRACTORS Vs. UNION OF INDIA

JUDGEMENT

(1.) Anugraha Engineers & Contractors, represented by its Managing Director (hereinafter referred to as 'contractor'), is the appellant in both the Civil Miscellaneous Appeals. The Union of India, represented by the Chief Secretary to the Government of Puducherry (hereinafter referred to as 'Government') and the Executive Engineer, Buildings and Road Division are respondents 1 and 2 in both the civil miscellaneous appeals . Both the appeals have been preferred against the common order of the learned Additional District Judge, Puducherry at Karaikal dated 31.08.2010 made in Arbitration O.P.No.1/2008 and Arbitration O.P.No.1/2009 respectively. Arbitration O.P.No.1/2008 came to be preferred by the respondents herein, whereas Arbitration O.P.No.1/2009 came to be preferred by the appellant herein. The learned Additional District Judge, after hearing, by a common order dismissed the Arbitration OP preferred by the appellant herein, namely Arbitration O.P.No.1/2009 and allowed the Arbitration OP preferred by the respondents herein, namely Arbitration O.P.No.1/2009. The Common Order is challenged in C.M.A.No.2829/2012 so far as it relates to Arbitration O.P.No.1 of 2008 and C.M.A.No.2830/2012 has been filed against the common order relating to Arbitration O.P.No.1/2009.

(2.) The facts leading to the filing of these appeals, can be narrated in brief, which are as follows:-

(3.) As against the order passed in Arbitration O.P.No.1/2008 setting aside the arbitral award in part relating to claim Nos.1, 2 and 6, C.M.A.No.2829/2012 has been filed. As against the dismissal of Arbitration O.P.No.1/2009 relating to claim Nos.2A, 2B, 3, 5, 8, 10, 12, 13, 14 and 15, C.M.A.No.2830/2012 has been filed. Both the appeals came to be filed under section 37 of the Arbitration and Conciliation Act, 1996.