M/S. Saravana Transport v. The Tamil Nadu Civil Supplies
A.No.1715 of 2019 in O.P.No.663 of 2018 C.SARAVANAN.J., By the order dated 29.11.2018, the Hon'ble Mr. Justice Rajeswaran, (Retired), High Court of Madras was appointed as a sole Arbitrator decide the dispute between the parties herein.
2.The petitioner has now filed an application to modify the order passed passed in O.P.No.663 of 2018 for substituting name of the sole arbitrator. The petitioner states that they cannot afford pay fees payable to a retired High Court Judge and therefore prays for modification of the order, appointing an Advocate having sufficient experience to act as an arbitrator. 3.The learned counsel for the respondents has no objection to the above application. However by the letter dated 22.01.2019 signed by their Managing Director said they have requested for appointing one of the three name given in the said letter as arbitrator.
4.It is noticed that mentioned the three names by them are former employees. The three names from the panel preferred by the Manging Director of the respondent whose term had expired on 30.09.2018 and extension had been given for a period of one year from 01.10.2018 to 30.09.2019 as per the http://www.judis.nic.in
C.SARAVANAN.J., jen usual terms. Since the panel of the respondents are former employees, I am of the view ends of justice will be met if any arbitrator is appointed from one among an advocate having sufficient experience to act as an arbitrator.
5. This Court appoints Mrs.Chitra Sampath, Senior Advocate residing at No.14/1, Kamatchipuram, 1st Street, West Mambalam, Chennai-33. The learned Arbitrator shall comply the consent, within a period of 15 days from the date of receipt of a copy of this order.
6. The learned arbitrator may conduct the proceedings under the aegis of Madras High Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules.
7. Accordingly, this application is allowed. 18.03.2019 jen A.No.1715 of 2019 in O.P.No.663 of 2018 http://www.judis.nic.in