Chennai Petroleum Corportion v. Urc Constructions (P) Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 19th DAY OF JULY 2018 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE O.P. No.698 of 2009 In the matter of Section 34 of the Arbitration and Conciliation Act, 1996 and arbitral award dated 02.06.2009 and In the matter of disputes arising out of the Arbitration Agreement dated 16.11.2001 between Chennai Petroleum Corporation Ltd., and URC Constructions (P) Ltd., relating to civil and structural works in utilities and offsites of expansion areas in the petitioner's refinery III expansion project and In the matter of the Arbitration award dated 02.06.2009 Chennai Petroleum Corporation Ltd., 536, Anna Salai, Teynampet, Chennai-600 018 rep. by its Company Secretary, Mr.M.Sankaranarayanan ... Petitioner -Versus1. URC Constructions (P) Ltd., 119, Power House Road, Erode-638 001.
2. Mr.P.Sridharan, Sole Arbitrator, Plot No.50, UR Nagar Extension, Anna Nagar, Chennai-600 101.
... Respondents Original Petition praying that this Hon'ble Court be pleased to set aside the impugned arbitral award dated 02.06.2009 insofar as it relates to the award of refund of the sum of Rs.30,17,422/- (Rupees thirty lakhs seventeen thousand four hundred and twenty two only) deducted from the final bill of the first respondent (claim 1) and simple
interest at the rate of 12% per annum thereon (claim 2) by allowing this petition with costs, or, in the alternative, to remit the matter to the arbitral tribunal to consider the evidence relating to the issuance of notice to the firt respondent for rectification of defects, and pursuant thereto or in the light thereof to adjudicate the dispute between the parties.
This Original Petition having been heard on 09.07.2018 in the presence of Mr.R.Senthil Kumar, advocate for the petitioner herein and Mr.P.J.Rishikesh, advocate for the 1st respondent herein and upon reading the petition and the award dated 02.06.2009 filed herein and having stood over for consideration till this date and coming on this day before this court for orders in the presence of the said advocates for the parties hereto and this Court having observed that the award dated 02.06.2009 passed by the learned Arbitrator is a detailed and well reasoned award and this Court does not find any perversity or patent illegality in the award and the view taken by the learned Arbitrator is a plausible view and this Court under Section 34 of the Arbitration and Conciliation Act, 1996 cannot substitute its view for the view taken by the learned Arbitrator when the said finding is found to be in accordance with law, it is ordered as follows:- That the O.P. No.698 of 2009 be and is hereby dismissed.
2. That there shall be no order as to costs.
WITNESS THE HON'BLE MS.INDIRA BANERJEE, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 19th DAY OF JULY 2018.
Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
KLY 05.09.2018 O.P. No.698 of 2009 ORDER:
DATED: 19.07.2018 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE FOR APPROVAL:08/09/2018 APPROVED ON:10/09/2018