← Library
Madras High CourtArb O.P(COM.DIV.)/142/2022disposed of

A.Sikkander Badhusha v. M/S. Bharat Sanchar Nigam Ltd

2022-06-24Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.06.2022 Coram:

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Arb.O.P.(Comm. Div.) Nos.142 to 146 of 2022 A.Sikkander Badhusha ... Petitioner Vs.

1.M/s.Bharat Sanchar Nigam Limited Rep. by its General Manager, O/o.General Manager, No.2, V.P.Rathinasamy Nadar Road, Bibikulam, Madurai - 652 002.

2.The Deputy General Manager(CFA), Bharat Sanchar Nigam Limited, O/o.General Manager, No.2, V.P.Rathinasamy Nadar Road, Bibikulam, Madurai - 652 002.

3.The Assistant General Manager,(NWP CFA) Bharat Sanchar Nigam Limited, O/o.General Manager, No.2, V.P.Rathinasamy Nadar Road, Bibikulam, Madurai - 652 002.

... Respondents 1 / 5

PRAYER IN Arbi.(Comm.Div)No.142 of 2022: This Original Petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint a sole arbitrator for amicably resolving the disputes and adjudicating of claims between the Petitioner and Respondents in accordance with Section 11(5) of Arbitration and Conciliation Act, 1996 and as per the terms laid in the matter of E-Tender PC1-311/E-TENDER/EXTERNAL PLANT - MTCE/MDUEMM/URBAN AREA/MA BA/2019-20/55 DTD AT MA THE 02/05/2020 and for costs.

PRAYER IN Arbi.(Comm.Div)No.143 of 2022: This Original Petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint a sole arbitrator for amicably resolving the disputes and adjudicating of claims between the Petitioner and Respondents in accordance with Section 11(5) of Arbitration and Conciliation Act, 1996 and as per the terms laid in the matter of E-Tender PC1-311/E-TENDER/EXTERNAL PLANT - MTCE/MDUELW/URBAN AREA/MA BA/2019-20/57 DTD AT MA THE 02/05/2020 and for costs.

PRAYER IN Arbi.(Comm.Div)No.144 of 2022: This Original Petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint a sole arbitrator for amicably resolving the disputes and adjudicating of claims between the Petitioner and Respondents in accordance with Section 11(5) of Arbitration and Conciliation Act, 1996 and as per the terms laid in the matter of E-Tender PC1-311/E-TENDER/EXTERNAL 2 / 5

PLANT - MTCE/MDUVLM/URBAN AREA/MA BA/2019-20/56 DTD AT MA THE 02/05/2020 and for costs.

PRAYER IN Arbi.(Comm.Div)No.145 of 2022: This Original Petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint a sole arbitrator for amicably resolving the disputes and adjudicating of claims between the Petitioner and Respondents in accordance with Section 11(5) of Arbitration and Conciliation Act, 1996 and as per the terms laid in the matter of E-Tender PC1-311/E-TENDER/EXTERNAL PLANT - MTCE/MDUKKN/URBAN AREA/MA BA/2019-20/69 DTD AT MA THE 02/05/2020 and for costs.

PRAYER IN Arbi.(Comm.Div)No.146 of 2022: This Original Petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint a sole arbitrator for amicably resolving the disputes and adjudicating of claims between the Petitioner and Respondents in accordance with Section 11(5) of Arbitration and Conciliation Act, 1996 and as per the terms laid in the matter of E-Tender PC1-311/E-TENDER/EXTERNAL PLANT - MTCE/MDU/SEMI/URBAN AND RURAL AREA/MA BA/201920/66 DTD AT MA THE 04/05/2020 and for costs. For petitioner : Mr.E.Mohamed Abbas (in all petitions) For respondents : Mr.R.Priyakumar (in all petitions) 3 / 5

COMMON ORDER These Petitions were presented for appointment of a sole arbitrator to resolve the dispute between the Petitioner and Respondents.

2. Subsequently, it appears that the Respondents issued a communication dated 07.06.2022 to the Petitioner proposing the names of two persons and calling upon the Petitioner to choose one of them as the arbitrator. By reply dated 20.06.2022, the Petitioner has selected Shri J.Ganesan.

3. Accordingly, all the Arbitration Original Petitions are allowed by appointing Shri J.Ganesan, PCE(Civil), BSNL, CHTD, Old No.18, New No.24, Viswanathapuram Second Street, Kodambakkam, Chennai - 600 024, as the Sole Arbitrator. The Sole Arbitrator is directed to enter upon reference and adjudicate the disputes in accordance with law. It is open to the Sole Arbitrator to fix his fees and expenses in connection with such arbitral proceedings. Rrg 24.06.2022 4 / 5

SENTHILKUMAR RAMAMOORTHY J.

rrg Arb.O.P.(Comm. Div.) Nos.142 to 146 of 2022 24.06.2022 5 / 5