Napc Ltd v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

THURSDAY THE SEPTEMBER TWO THOUSAND TWENTY ONE PRESENT:

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU OSA NO. 189 OF 2019 M/s.NAPC Limited 184/214, Royapettah High Road MMPDA Tower, 2nd Floor, Royapettah, Chennai 600 014.

..Appellant/Petitioner .vs.

1. The Superintending engineer, National High ways, TNSCC Complex, Jai Nagar, 206/N, Jawaharlal Nehru Salai, Opp. Mofussil Bus Stand, Chennai 600 106.

.. 1st Respondent /1st Respondent

2. K.Srinivasan Sole Arbitrator, C2, Block 1, Mayfair Apartments, 2A, LIC Colony Road, Velachery, Chennai 600 042.

2nd Respondent/Sole Arbitrator PRAYER : Appeals filed against the order dated 10.07.2019 in OP. No. 881 of 2018 on the file of Original Side of this Court by upholding the arbitration award published for implementation. DECREE : These Original side Appeals coming on for hearing on this day upon perusing the grounds of Appeals, and material records available in this case and upon hearing the arguments of Mr.Sathish Parasaran Senior Counsel for Mr. Arun C. Mohan and of Mr. Edwin Prabakar Special Government Pleader for the first respondent and this court while observing that, the challenge to the award made by the contractor, to the extent the further claim made therein was rejected, has been expressly abandoned at this appellate stage, and that there is no merit in the respondent's challenge to the arbitral award, whether on the ground of lack of authority or limitation or on merits and this court while allowing the Appeal doth order and decree is as follows:

1. that the judgment and order dated 10.07.2019, made in OP.881/2018, on the file of the Original side of this court be and hereby is set aside; and

2. that the arbitral award dated 23.05.2018 passed by the Hon'ble Arbitral Tribunal do stand restored; and

3. that the appellant herein/petitioner be and hereby is entitled to costs of Rs. 50,000/-(Rupees fifty thousand only) and shall be ideal if such costs came out of the relevant officer of the respondent who engineered the challenge to the arbitral award in this court.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar To

1. The Sub Assistant Registrar, Original Side, High Court, Chennai-104.

2. The Arbitral Tribunal, Chennai.

3. Mr. K.Srinivasan Sole Arbitrator C2, Block 1, Mayfair Apts, 2A, LIC Colony Road, Velachery, Chennai 600 042.

+1cc to Mr.Arun C.Mohan, Advocate SR.No.51400 DATED : 30/09/2021 DECREE :

OSA No.189 of 2019 Allowing the Original Appeal filed against the common order dated 10.07.2019 in OP. No. 881 of 2018 on the file of Original Side of this Court by upholding the arbitration award published for implementation, etc., as stated within.

RGN(CO) GMY(21/10/2021)