BOARD OF TRUSTEES OF CHENNAI PORT TRUST Vs. SOUTH INDIA HYDROCARBONS AND TERMINALS LIMITED; HONBLE JUSTICE P SHANMUGAM; HONBLE JUSTICE K P SIVASUBRAMANIAN; HONBLE JUSTICE A K RAJAN

JUDGEMENT

(1.) This Original Side Appeal is directed against the order of the learned single Judge of this Court, dated 11.01.2012 passed in O.P.No.457 of 2009, under Section 37 of the Arbitration and Conciliation Act, 1996.

(2.) The facts leading to this appeal in brief are as follows :

(3.) The learned counsel appearing for the appellant contends that the Doctrine of Res adjudicata, more particularly, constructive res judicata squarely applies to this case; that remedy for failure of negotiation, as per Clause 2(d) of the agreement is cancellation of the agreement. The Arbitral Tribunal as well as the learned single Judge directed the appellant to over ride the agreement. None of the parties neither violate nor alter agreement conditions, which is against the public policy and therefore, the Award is liable to be set aside.