Madras High CourtHCP/5/2021dismissed

S.Rajan v. The State Rep By Its

2021-01-21Honourable Mr Justice P. N. Prakash,Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 2ND DAY OF SEPTEMBER 2021 THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Arb.O.P.(Comm.Div.) No. 5 of 2021 and A.No. 2206 of 2021 In the matter of Arbitration and Conciliation act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015.

and In the matter of disputes between M/s. CT Ramanathan Infrastructure Pvt. Ltd., and the General Manager, Southern Railway, Chennai arising out of Agt. No. 56/CN/2011 dated 29.06.2011 and by Award in A.F.No.199 of 2017 Dated 26.03.2019.

1. The General Manager, Southern Railway Head Quarters Office, Park Town, Chennai - 600 003.

2. The Chief Engineer Construction, Periyar EVR High Road, Chennai 600 008.

.....Applicants/Petitioners Vs M/s. CT Ramanathan Infrastructure Pvt. Ltd., Flat No.4/3, "SK Enclave" 2nd Floor,

Old No.47, New No.4, Nowroji Road, Chetpet, Chennai 600 031.

: Respondents/Respondents Arb.O.P.(Comm.Div.) No.5 of 2021:

Arbitration Original Petition praying that this Hon'ble Court be pleased to pass judgement and order against the respondent:- a) setting aside the partial portion of the Arbitral Award dated 26.03.2019 passed by the Sole Arbitrator.

b) Awarding costs of the present petition.

A.No.2206 of 2021:

Application praying that this Hon'ble Court be pleased to stay the operation of the order passed by the sole arbitrator dated 26.03.2019 in A.F.No.199 of 2017, pending disposal of the present original petition. This Arbitration original petition along with the application coming on this day before this Court for hearing, in the presence of Mr.Vijay Anand, Advocate for the Petitioners in Arb.O.P.(Comm.Div.) No. 5 of 2021 and for the Applicant in A.No.2206 of 2021 and upon reading the order herein dated 10.08.2021, It is ordered as follows:- That the interim order granted in pursuance of the order dated 01.07.2021 made in Arb.O.P.(Comm.Div.) No. 5 of 2021 and A.No. 2206 of 2021, staying the operation of the order passed by the sole arbitrator Award dated 26.03.2019 in A.F.No.199 of 2017, be and is hereby extended till

27.09.2021.

2. That the Arb.O.P.(Comm.Div.) No. 5 of 2021 and A.No. 2206 of 2021 be posted on 27.09.2021.

WITNESS THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 2ND DAY OF SEPTEMBER 2021. Sd/- ASSISTANT REGISTRAR(O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

EVK 20.09.2021 Arb.O.P.(Comm.Div.) No. 5 of 2021 and A.No. 2206 of 2021 ORDER:- DATED :02.09.2021 THE HON'BLE MR.JUSTICE N.SATHISH KUMAR FOR APPROVAL: 22/09/2021 APPROVED ON : 22/09/2021