JUDGEMENT
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(1.)These two Original Side Appeals in O.S.A.No.155 of 2008 and O.S.A.No.79 of 2010 are directed against the common order of the learned single Judge of this Court, dated 13.11.2006 passed in O.P.Nos.202 of 2004 and 208 of 2006.
(2.)The facts of the case in nutshell are that the Chennai Port Trust, predecessor-in-interest of the Appellant and the first respondent entered into Rock Quarrying and Transportation contract, dated 06.06.1996 to quarry and transport rock required for construction of break waters at Ennore. The rock transported from the quarry was to be stockpile in the port. On account of insufficiency of space and non-removal of the rock, additional stockpile was created within the Port. A claim was made for the costs of creation of the additional stockpile. The Arbitrators found that a part of additional stockpile, i.e., 9000 sq.mts. was utilized by the first respondent for another C-4 contract. Hence, cost of creation of 9000 sq.mts was excluded by the Arbitrators, while calculating the cost for creating additional stockpile.
(3.)As per the contract, in the event of any dispute arising between the employer and the contractor, the dispute is required to be referred in the first place, to a Disputes Review Board (DRB). If either of the parties are dissatisfied with recommendations of the DRB, the dispute is to be referred to Arbitration. Either party may if the other party fails to comply with the recommendations of DRB, which become final, refer failure to Arbitration in accordance with Clause 67.3 of the Contract.
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