ENNORE PORT LTD Vs. HINDUSTAN CONSTRUCTION CO LTD

JUDGEMENT

(1.) THIS application has been filed to direct the Superintendent of Police cbi (Anti-corruption Bureau) (CBI, ACB ). Third Floor, Shastri Bhavan, Chennai 600006 to produce the charge-sheet together with all the annexures filed in C. C. No. 26/ 2003 pending on the file of the Special Judge for CBI cases, Chennai to the Chairman of the Arbitral Tribunal. Mr. Jagman Singh at no. 15-B Sector 27-A. Chandigarh-160 019, as per the order of The Arbitrators dated 26-4-2006.

(2.) THE applicant initiated arbitral proceedings for recovery of a sum of Rs. 12,93,92. 982/- against the respondent. The brief facts necessitating the filing of the application are as follows :-

(3.) THE predecessor-in-interest of the applicant namely Chennai Port Trust and the respondent herein entered into a Rock quarrying and Transportation Contract ("fcpp/ca Contract") namely agreement No. 24 dated 6-6-1996 to quarry and transport rock required for construction of the breakwaters at Innore from Karaikkal to the innore Port Site. Under the said contract the quarried rocks were to be transported by rail from Melpakkam (near Arakkonam) to the ennore Port Site. As per the terms of the contract rail rakes would be placed at specified times for use by the respondent for transport of rock.