UNION OF INDIA Vs. TIMPACK PVT LTD

JUDGEMENT

(1.) These two applications filed by the applicants - Union of India and the concerned Executive Engineer, CPWD, Port Blair- seeking restoration of respective appeals [MAF No.1 of 2012 and ARB.A. No.2 of 2015], have been considered together and are taken up for disposal by this common order.

(2.) Shorn of unnecessary details, suffice it to notice for the present purpose that the parties herein had entered into two agreements for supply of bamboo-mat boards of different specifications by the present non-applicant to the present applicants, being Agreement No. 9/EE/TRP/CH/2006-07 and No. 10/EE/TRP/CH/2006-07 [for brevity, hereinafter referred to as 'CA-9' and 'CA-10' respectively]. The disputes having arisen, ultimately the matters were referred to the Arbitrator who made two awards dated 02.09.2009 and 03.09.2009 in relation to the aforesaid two agreements rejecting the claim of the nonapplicant contractor.

(3.) The non-applicant, being dissatisfied with the awards so made by the Arbitrator, filed the petitions under Section 34 of the Arbitration and Conciliation Act, 1996, which were registered as Arbitration Case No. 1 of 2009 and No. 2 of 2009 in the Court of Deputy Commissioner, Ri Bhoi, Nongpoh, who disposed of the same by a common order dated 10.05.2012.