BHAKTHI CONSTRUCTIONS Vs. A RAMAMURTHI

JUDGEMENT

(1.) This appeal is filed by the appellant/contractor against the order of a learned single Judge of this Court dated 14.11.2003 made in O. P. No.34 of 2002 setting aside the entire arbitration award and appointing a new arbitrator and remitting the matter to him for deciding the matter afresh.

(2.) The facts of the case proceed as follows: the claimant and the first respondent entered into a contract for provision of security fencing gate, road barriers and chain link fencing around air field at NAS, arakkonam within a period of seven months from the date of handing over of the site. The site was handed over on 08.08.1990. A major portion of the work was completed on 30.03.1991, leaving an insignificant portion incomplete even after the expiry of the extended period. The first respondent by communication dated 05.05.1994 (marked as ex. A.5) terminated the contract. The contractor claimed that the delay was on account of various factors, which included the delay on the part of the first respondent as well. Thus, there arose a dispute and the contractor filed O. P. No.718 of 1997 under section 11 (6) of the arbitration and Conciliation Act, 1996 before this Court for appointment of an arbitrator which was ordered on 04.08.1999 appointing the third respondent as a sole arbitrator.

(3.) Before the arbitrator so appointed, the claimant/contractor made 21 claims under different heads totalling to a sum of Rs.1,00,85,000/- which includes 21% interest.