K.Raamesh v. Commander Works Engineers (Navy) Military Engineer Services And 3 Others

O.A.No.82 of 2021 Original Application No.82 of 2021 N. SATHISH KUMAR,J This Original Application has been filed to grant an order of interim injunction, restraining the second respondent from recovering from the applicant, the sum of Rs.3,94,827.25, demanded by the second respondent under their Letter, dated 7/1/2021 bearing No.8000/GEN/AUD/06/E8, from the payments due to the applicant under various bills pending before the second respondent and their organisation, pending arbitration proceedings, invoked by the applicant vide his legal notice, dated 6/2/2021.

2. Heard Mr.C.P.Sivamohan, learned counsel for the applicant and Mr.Achuthanandan for Mr.D.Saravanan, Senior Central Government Standing Counsel.

3. Learned counsel appearing for the respondent submitted that the dispute is only with regard to the difference in the amount of GST to the tune of Rs.3,00,000/- (Rupees Three lakhs only). Appointment of a Divisional Engineer, from Southern region may be appointed as an Arbitrator. Page No:1/2 https://www.mhc.tn.gov.in/judis/

O.A.No.82 of 2021 N. SATHISH KUMAR, J mvs.

4. Admittedly, the parties cannot be driven to unknown places for adjudication. Since this Court find some force in the argument of the learned counsel for the petitioner, the respondents are directed to appoint a Divisional Engineer as an Arbitrator from the southern states particularly, in the State of Tamil Nadu or Pondicherry.

5. With the above direction, this Original Application is closed. 28/7/2021 mvs.

O.A.No.82 of 2021 Page No:2/2 https://www.mhc.tn.gov.in/judis/