BOARD OF TRUSTEES OF CHENNAI PORT TRUST, REP. BY ITS CHAIRMAN, RAJAJI SALAI, CHENNAI Vs. ENNORE PORT LTD., P.T. LEE CHENGALVARAYA NAICKER MAALIGAI, 1ST FLOOR, NO.23, RAJAJI SALAI, CHENNAI

JUDGEMENT

(1.) These two Original Side Appeals, one by Board of Trustees of Chennai Port Trust and another by Kamarajar Port Limited are directed against the Order of the learned Single Judge of this Court, dated 24.4.2016 in O.P. No.694 of 2007, dismissing the Original Petition filed under Sec. 34 of the Arbitration and Conciliation Act, 1996, thereby confirming the Award dated 12.12.2006 passed by the learned Arbitrators.

(2.) As these two Appeals have arisen out of the orders in O.P. No.694 of 2007, common Judgment is passed.

(3.) The Chennai Port Trust had entered into an Agreement with the First Respondent/Claimant Joint Venture for construction of breakwaters at the Ennore Port. The scope of the work was to dredge and remove the fine sand from the sea bed, replace/back-fill the area with coarser sand and compact the sand so back-filled with Vibro-compaction equipments. The process of compaction was to use a vibrator installed on a ship/vessel on the replaced sand to make it firm and dense. Thereafter the rocks were to be placed. The breakwaters so constructed would ensure that the Port basin is tranquil and safe for berthing of the operation of the Ships berthed in the Port. After the entrustment of the Contract, the Port Authorities decided to delete the work of compaction. As suggested by the Engineer/Consultant, a Pilot Compaction Test (PCT) was conducted and thereafter the deletion of the work of the compaction was recommended.