A Madasamy v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.Madasamy .... Petitioner Vs.

1.The Union of India, represented by the General Manager, Southern Railway, Park Town, Chennai - 3.

2.The Divisional Railway Manager (Works), Madurai Division, Southern Railway, Railway Colony, Madurai - 625 016.

3.The Senior Divisional Engineer (South), Madurai Division, Southern Railway, Railway Colony, Madurai - 625 016.

.... Respondents PRAYER Arbitration Original Petition (Commercial Division) filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint the Arbitrator to arbitrate all the claims and disputes arising out of the Contract in the Agreement No.SR/MDU/CIVIL/2020/0016 and the Letter of Acceptance No:MADURAI DIVISION-ENGINEERING/MDU -W-13-2019-4/10298610023899 dated 13.08.2020 between the petitioner and the respondents.

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For Petitioner : Mr.Amalaraj S.Penkilapatti For Respondents : Mr.Prasad Vijayakumar, Senior Panel Counsel [R1] *****

ORDER

This Court, while disposing of the petition by order dated 20.03.2025, appointed Mr.Roshan K.Balasubramanian as the Sole Arbitrator. Thereafter, the Sole Arbitrator had issued a notice stating that he will not be able to devote sufficient time. Thereafter, the learned Advocate refused to enter reference. In view of the above development, learned counsel for the petitioner made a mention yesterday and based on the same, the matter was listed for hearing under the caption 'for being mentioned' today.

2. Considering the above, this Court appoints Mr.E.Giridhar, Advocate, Vanguard House, 3rd Floor, No.48, Second Line Beach Road, Parrys, Chennai - 600 008 [Mobile No.98846 72733] as the Sole Arbitrator to adjudicate the dispute arising out of the Contract dated 02.03.2021, on merits and in accordance with law. Registry is directed to carry out necessary modification in the 2/4

order dated 20.03.2025 and issue fresh order copy. 25.09.2025 Note: Issue order copy by 26.09.2025 gm To 1.The General Manager, Union of India, Southern Railway, Park Town, Chennai - 3.

2.The Divisional Railway Manager (Works), Madurai Division, Southern Railway, Railway Colony, Madurai - 625 016.

3.The Senior Divisional Engineer (South), Madurai Division, Southern Railway, Railway Colony, Madurai - 625 016.

N.ANAND VENKATESH, J.

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