GAMMON INDIA LIMITED Vs. CHENNAI METROPOLITAN WATER SUPPLY

JUDGEMENT

(1.) Supply and laying of clear Water Transmission Main of size 1875mm Dia mild steel (MS) pipes for a length of about 94km from Ongur river to Vandalur, supply and laying of clear water transmission main from Vandalur to Porur of size 1500 mm Dia M.S. pipes for a length of about 20km., supply and providing necessary appurtenances in the pipeline and also O&M of these installations for a period of 5 years', is the description of the work which forms subject matter of the instant original petition and the same shall hereinafter be referred to as 'said work' for the sake of brevity, convenience and clarity.

(2.) 'Original Petition' shall hereinafter be referred to as 'O.P' for the sake of convenience and clarity. Instant O.P has been filed assailing an arbitral award dated 17.05.2010 (hereinafter 'impugned award' for the sake of brevity) made by a 'Three member Arbitral Tribunal' ('AT' for brevity).

(3.) Instant O.P has been filed under section 34 of 'The Arbitration and Conciliation Act, 1996' (hereinafter 'A and C Act' for brevity). In the scheme of A and C Act, Section 34 is slotted under Chapter VII captioned 'RECOURSE AGAINST ARBITRAL AWARD'. A perusal of Section 34 also reveals that recourse to a Court against an arbitral award under section 34 of A and C Act may be made by an 'application'. Also to be noted, caption to section 34 itself reads 'APPLICATION FOR SETTING ASIDE ARBITRAL AWARD'. Be that as it may, a legal proceeding which is in the nature of recourse against an arbitral award, is being assigned the nomenclature 'Original Petition' in the Registry of this Court and therefore, instant proceedings are being referred to as 'O.P', for the sake of convenience and clarity.