Pandiyan K. Pillai v. Union Of India

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.260 OF 2016 Pandiyan K. Pillai ....Applicant Vs.

Union of India ....Respondent ---- Mr. Vimal Jha i/b. Mr. P.G. Pandey for applicant. Mr. T.J. Pandian for respondent.

---- CORAM : K.R.SHRIRAM, J.

DATE : 2nd NOVEMBER, 2017 P.C.:

Mr. Pandian, counsel for respondent states that an Officer of the Railway can be appointed as an Arbitrator. Mr. Jha, counsel for applicant states that respondent is Indian Railways. In view of the amendment in Section 12 of the Arbitration and Conciliation Act, 1996 with the introduction of sub-section 5, Railway Officer cannot be appointed.

Therefore, by consent, Mr. Prathamesh N. Kamath, an Advocate, practicing in this Court, is appointed as Sole Arbitrator to arbitrate on all disputes and differences arising out of or in connection with or relating to Lease Agreement dated 10th January, 2007. The fees of the Arbitrator, administrative expenses, typing charges and venue charges to be shared equally between the parties, i.e., 50% by applicant and 50% by respondent and the same shall be subject to cost in the arbitral proceedings.

Gauri Gaekwad

2/2 54.ARBAP-260-2016.doc The Arbitrator to communicate to the Advocate for applicant with copy to respondent the disclosures as required under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 within three weeks of receiving a copy of this order from applicant's Advocates.

Liberty to apply.

Application accordingly stands disposed.

(K.R. SHRIRAM, J.) Gauri Gaekwad