Partly allowed

Union of India v. Shri.s.K.Selvam

Madras HC5 Dec 2018OP/1040/2017

Case brief

AI extract

What is this about?

The Madras High Court considered an original petition to set aside an arbitral award and a related injunction application. The court set aside the award only regarding two specific heads (EMD and performance guarantee refund) and directed the refund of the guarantee.

What did the court decide?

The Arbitral Award was set aside only in respect of the EMD of Rs.95,700/- and a direction to refund the performance guarantee of Rs.2,35,700/- was issued.

Union of India Vs Shri.s.K.Selvam — Arbitration | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 05^th DAY OF DECEMBER, 2018 THE HON'BLE MR. JUSTICE S.VAIDYANATHAN O.P.No.1040 of 2017 and O.A.No.1236 of 2017

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In the matter of Arbitration and Conciliation Act And In the matter of Arbitral Award dated 02.06.2017 passed in the Disputes arising out of the Agreement No.2/SA/M.271/VII/Clg/ 12674, dated 08.04.2015

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Union of India, Rep. By Sr.Divisional Mechanical Engineer, Mechanical Branch, Salem Divisional Office, Southern Railway, Salem – 636 005. ..Petitioner/Applicant

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Vs.

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Shri.S.K.Selvam, Railway Contractor, No.24, Rajaji Street, Old Suramangalam, Salem – 636 005. ..Respondent/Respondent

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O.P.No.1040 of 2017

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This Original petition praying that this Hon'ble Court be pleased to set aside the arbitral award dated 02.06.2017 made in relation to dispute arising out of agreement No.2/SA/M.271/VII/Clg/12674/12656 dated 08.04.2015 in so far the amount of Rs.3,31,400/- Awarded https://hcservices.ecourts.gov.in/hcservices/ towards claims No.2 and 3 are concerned.

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O.A.No.1236 of 2017

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This Original Application praying that this

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Hon'ble Court be pleased to grant injunction restraining the respondent from any manner executing the award dated 02.06.2017 passed by the Arbitrator, pendng disposal of the Original Petition.

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This Original Petition alongwith Application coming on this day before this Court for hearing in the presence of Mr.P.T.Ramkumar, Advocate for the petitioner in O.P.No.1040 of 2017 and for the Applicant in O.A.No.1236 of 2017 and Mr.V.Bhiman for Mr.C.Prakasam Advocate for the Respondent in O.P.No.1040 of 2017 and O.A.No.1236 of 2017 and upon reading the petition and the copy of the Award filed herein and the Judge's summons and the affidavit of M.Vamsikanth filed in O.A.No.1236 of 2017, it is orderd as follows:

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That the Arbitral Award dated 02.06.2017 passed by the learned Arbitrator, be and is hereby setaside in respect of the two heads alone namely, EMD of Rs.95,700/-(Rupees Ninety Five Thousand and Seven Hundred Only) with the direction to the petitioner to refund the performance of guarantee of Rs.2,35,700/-(Rupees Two Lakhs Thirty Five Thousand and Seven Hundred Only).

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That the O.A.No.1236 of 2017 do stand closed. 3) That there shall be no costs. WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 5^th DAY OF DECEMBER, 2018.

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Sd/ASSISTANT REGISTRAR (O.S.II)

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//Certified to be true copy//

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Dated at Madras this the day of 2019.

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COURT OFFICER(O.S.)

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From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. https://hcservices.ecourts.gov.in/hcservices/

KUN 25.01.2019

O.P. No.1040 of 2017

and

O.A. No.1236 of 2017

Order Dated:05.12.2018

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THE HON'BLE MR.JUSTICE

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S.VAIDYANATHAN

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FOR APPROVAL : 18.02.2019

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APPROVED ON: 20.02.2019

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https://hcservices.ecourts.gov.in/hcservices/

Union of India v. Shri.s.K.Selvam

Case brief

What is this about?

What did the court decide?

Union of India v. Shri.s.K.Selvam

Case brief

What is this about?

What did the court decide?

What the court decided

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