M / S Mahaveer Enterprises v. South East Central Railways

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet ARBR No. 1 of 2021 M / S Mahaveer Enterprises Through Its Sole Proprietor, Shri Murari Kabra, Aged About 59 Years, S/o Shri Basudev Kabra, C-102, Ashok Ratan, Vidhan Sabha Road, Raipur, Distt. Raipur Chhattisgarh - 492007, --- Petitioner

Versus

1. South East Central Railways through its General Manager, Office of General Manager, Bilapsur Distt. Bilaspur Chhattisgarh - 495004.

2. Senior Divisional Material Manager, D R M Office Complex, S E C Railway, Raipur Distt. Raipur, Chhattisgarh - 492008.

3. Senior Section Engineer Electrical (General), Durg, District - Durg, Chhattisgarh.

4. Senior Section Engineer Electrical (General), Raipur, District - Raipur Chhattisgarh.,

5. Senior Divisional Electrical Engineer (Genreral), D R M Office Complex, S E C Railway, Raipur, Distt. Raipur Chhattisgarh - 492008. --- Respondents 17.02.2021 Mrs. Aditi Singhvi, counsel for the petitioner. Mr. R. S. Patel, counsel for the respondents. This petition has been filed under section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment/change of Arbitrator. Reply has been filed on behalf of the respondents and the list of arbitrators sent by the Railways has been annexed to the reply. Learned counsel for the petitioner submits that since the list of eligible officers has been given to the respondents by the South East Central Railway for appointment of arbitrator, after perusal of the list, the petitioner would like to choose and give consent to appoint either Shri P. S. Khairkar, CRSE/Freight/SECR/BSP from mechanical branch or Shri A.K. Pradhan, Sr. DEE/TRD/BSP from electrical branch as arbitrator and the respondents may appoint any one of these officers as an independent arbitrator. Considering the submission of the petitioner, the respondents may

appoint either Shri P.S. Khairkar or Shri A.K. Pradhan as arbitrator and thereafter, the arbitral proceedings may be concluded as early as possible. With the above observations, this petition stands finally disposed of. Sd/- GOUTAM BHADURI JUDGE R a o