ENNORE PORT LIMITED Vs. HASKONING THE NETHERLANDS

JUDGEMENT

(1.) THIS Original Petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for brevity, the Act) to set aside the award dated 11.3.2009 passed by respondents 2 to 4 (Arbitrators).

(2.) 1. The brief facts of the case are as under: The Government of India proposed to establish a Port for transportation of coal to the North Chennai Thermal Power Plant. The fifth respondent herein, namely, Chennai Port Trust, which was appointed by the Government of India as the Executing Agency for construction of Ennore Port, entered into Consultancy Agreement with the first respondent on 17.8.1994 and the agreement period is 54 months, namely, up to May, 1999.

(3.) THE learned counsel for the fifth respondent has filed a Memo dated 2.6.2014 to the following effect: