THAVAM CONSTRUCTION Vs. UNION OF INDIA

JUDGEMENT

(1.) This Original Petition has been filed to set aside the Award of the Arbitral Tribunal under Sec. 34 of the Arbitration and Conciliation Act, 1996 (in short 'Act').

(2.) I have heard Mr.Amalaraj S. Penikilapatti, learned counsel for the Petitioner and Mr. P.T. Ramkumar, learned Standing Counsel for the Respondent Railways.

(3.) The learned counsel for the Petitioner, Mr.Amalaraj, would contend that the contract awarded to the Petitioner was for construction of a Road Over Bridge, in lieu of Level Crossing No. 64 at Km. 154/12-14 between Gudiyatham and Melalathur Railway stations in Katpadi- Jolarpettai Sec. . The contract came to be awarded in favour of the Petitioner on 28/1/2005. On 28/2/2005, an agreement was executed between the parties for a total value of Rs.67,40,883.00. According to the learned counsel for the Petitioner, the Petitioner commenced the work in right earnest and completed the entire substructure of the bridge before the second week of June 2005, well within the time contemplated under the agreement dtd. 28/2/2005. The learned counsel also admitted that the Petitioner had received Rs.22,11,637.00 until the third and part bill dtd. 5/7/2005 by the Railway administration.