LAWS(MAD)-2023-2-175

TRANSTONNELSTROY Vs. CHENNAI METRO RAIL LTD.

Decided On February 01, 2023
Transtonnelstroy Appellant
V/S
Chennai Metro Rail Ltd. Respondents

JUDGEMENT

(1.) The primary question entreats answer in these appeals is "Whether the course adopted by the Arbitral Tribunal, in calling for additional materials being the data entered into by the parties during the execution of the contract and the relevant software, from the claimant, well after reserving orders and thereafter technically analysing the same on its own and consequently awarding the claim, is bad in law on the ground that the respondent was otherwise unable to present their case?"

(2.) These four appeals filed under Sec. 37 of the Arbitration and Conciliation Act, 1996 read with Clause 15 of the Letters Patent, are between the same parties arising out of two Arbitral Awards in respect of two contracts. Since all the appeals have raised common questions, they are taken up together and disposed off by this common judgment. C. The Contracts & The Dispute :

(3.) Chennai Metro Rail Limited (hereinafter referred to as 'CMRL') is a company incorporated under the Companies Act, 2013 for the purpose of creating, designing, establishing, maintaining, and running metro rail in and around the city of Chennai.