M/S. BASS CONSTRUCTIONS BY ITS PROPRIETRIX, SUSHILA BRIJ MOHAN, NO.83, DR. RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI Vs. THE BOARD OF TRUSTEES OF THE PORT OF MADRAS, RAJAJI SALAI, CHENNAI

JUDGEMENT

(1.) This Original Side Appeal is directed against the Order of the learned single Judge, dated 07.08.2008 made in O.P.No.46 of 2004 wherein the Award passed by the learned Arbitrator has been set aside under Sec. 34 of the Arbitration and Conciliation Act, 1996.

(2.) The facts leading to the present appeal in nutshell are as follows :

(3.) The learned Arbitrator pointing out the difficulties meted out by the contractor in acquiring armour stone and all other aspects, awarded Rs.1,70,00,000.00 under the above said claims excepting the claim No.5-monsoon and claim No.7-corrosion of machinery. Aggrieved by the said Award, Port-Trust filed Original Petition under Sec. 34 of the Arbitration and Conciliation Act, 1996.