M/S. JAYA ENGINEERING WORKS Vs. BHARAT HEAVY ELECTRICALS LTD., TRICHY, HAVING ITS OFFICE AT ANCILLARY DEVELOPMENT DEPARTMENT, THUVAKUDI, TRICHY

JUDGEMENT

(1.) The appellant in these appeals is M/s. Jaya Engineering Works, A Partnership Firm, Represented by its Managing Partner, Thiru.K.T.Ramakrishnan, D. No. 36, Developed Plot Estate, Thuvakudi, Trichy. The said firm was an ancillary unit under Bharat Heavy Electricals Limited, Trichy. It was involved in doing fabrication works on contract basis with Bharat Heavy Electricals Limited for the years 1989-1990, 1990-1991 and 1991-1992. In fact the said firm had been doing works for Bharat Heavy Electricals Limited since 1978. But dispute arose with regard to the payments made in respect of the aforesaid three years. Therefore, the arbitration proceedings were initiated. The arbitration proceedings after a long and chequered history culminated in an award dated 22.11.2013 in favour of the appellant firm. To set aside the said award, Bharat Heavy Electricals Limited filed Arbitration O.P.Nos.5,6 and 7 of 2014 before the learned Principal District Judge, Thiruchirappalli. The proceedings were under the old Arbitration Act, 1940. Therefore, to pass a decree in terms of the award, the appellant filed Arbitration O.P.Nos.22, 23 and 24 of 2014. The learned Principal District Judge, Thiruchirappalli, by the impugned common order dated 24.03.2015, allowed the applications filed by Bharath Heavy Electricals Limited, Trichy, by setting aside the impugned award and dismissed the applications filed by the appellant firm. Aggrieved by the same, these appeals have been filed.

(2.) The learned counsel appearing for the appellant reiterated the grounds set out in the grounds of appeal.

(3.) Per contra, the learned counsel appearing for Bharath Heavy Electricals Limited, wanted this Court to sustain the impugned order passed by the lower Court.