SUPERINTENDING ENGINEER Vs. GOWPATT ASSOCIATES

JUDGEMENT

(1.) This common order will govern both the aforesaid 'Original Petitions' ('O.Ps' for brevity) which have been filed under Section 34 of 'The Arbitration and Conciliation Act, 1996' ('A and C Act' for brevity) assailing two arbitral awards, both dated 27.10.2017 (hereinafter 'impugned awards' for brevity). To be noted, 'O.Ps' and 'impugned awards' are references in plural and therefore, wherever it become necessary to these terms in singular, the same shall be referred to as 'O.P' and 'impugned award' respectively.

(2.) O.P.No.456 of 2018 is directed against impugned award dated 27.10.2017 arising out of contract agreement No.2/2010-11 dated 04.05.2010 for the work of widening and strengthening Km 340/0 - Km 345/2 and Km 345/8 to 360 of NH 67 (Extn). This Court is informed that this stretch is in Coimbatore - Mettupalayam Highway. O.P.No.457 of 2018 is directed against impugned award dated 27.10.2017 arising out of contract agreement No.26/2010-11 dated 23.09.2010 for the work of widening and strengthening (with paved shoulders) of the road connecting Salem-Cochin at KM 105/0 of Nagapattinam-Gudalur-Mysore Road, Km 289/6 via Nallur and Peruntholuvu Km 0/0-10/4.

(3.) For the purpose of clarity, based on the sequential numbers assigned, 'O.P.No.456 of 2018' shall be referred to as 'senior O.P' and 'O.P.No.457 of 2018' shall be referred to as 'junior O.P' and the impugned award in senior O.P shall be referred to as 'impugned award-I' and the impugned award in junior O.P shall be referred to as 'impugned award-II'. 'Impugned awards I and II' shall collectively be referred to as 'impugned awards' as mentioned supra. Impugned awards have been made by an 'Arbitral Tribunal' ('AT' for brevity) constituted by a sole arbitrator.