LAWS(MAD)-2008-12-415

CHIEF ENGINEER (CONSTRUCTION II), (GAUGE CONVERSION), SOUTHERN RAILWAY, EGMORE, CHENNAI Vs. NILAKANTAN AND SONS LTD., ENGINEERS AND BUILDERS, 47 LUZ AVENUE, MYLAPORE, CHENNAI

Decided On December 15, 2008
CHIEF ENGINEER (CONSTRUCTION II), (GAUGE CONVERSION), SOUTHERN RAILWAY, EGMORE, CHENNAI Appellant
V/S
NILAKANTAN AND SONS LTD., ENGINEERS AND BUILDERS, 47 LUZ AVENUE, MYLAPORE, CHENNAI Respondents

JUDGEMENT

(1.) Both the Original Petitions are filed to set aside the award dated 21.09.2001 passed by the second respondent pertaining to the disputes in relation to the agreement Nos. 152/CN/95 dated 1.12.1995 and 206/CN/95 dated 1.12.1995 respectively.

(2.) As the parties and the dispute involved in both the Original petitions are one and the same, a common order is being passed to dispose of both the Petitions.

(3.) O.P. No. 95 of 2003 has been filed by the petitioner to set aside the Award dated 21.09.2001 and the further orders of the second respondent/Arbitrator dated 5.11.2001. The contract involved in O.P. No. 95 of 2003 is the work of guage conversion from Madras Beach - Tiruchirapalli - Villupuram - Tiruchirapalli section - construction of a bridge with 10 W 18 metres PSC Girders, opposite to the existing MG Bridge No. 129, across the river Manimuthar and construction of bridge with 2 W 18 meter PSC Girders opposite to the existing MG Bridge No. 128, across Mari odai between VRI and VRT stations under agreement No. 152/CN/95 dated 16.10.1995.