M/S.Tamilnadu Water Investment Company Limited, v. M/S.S Periyapalayem Common Effluent Treatment Plant Pvt Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.06.2025
CORAM
THE HON'BLE Mr. JUSTICE ABDUL QUDDHOSE Arb.O.P (Com.Div.) Nos.139, 140 and 141 of 2025 M/s.Tamil Nadu Water Investment Company Ltd., Rep. By its Authorised Signatory ... Petitioner in all petitions vs.
M/s.S. Periyapalayem Common Effluent Treatment Plant Pvt. Ltd., S.F. No.:224/2, A, Periyapalayam, Uthukuli Road, Tirupur - 641 607.
... Respondent in all petitions Common Prayer: Arbitration Original Petitions (Commercial Division) filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking for the following reliefs :- a) to appoint an Arbitrator on behalf of the respondent for adjudicating the disputes / claims between the petitioner and the respondent that has arisen under the said Agreements, dated 22.08.2012, 1/5
23.08.2013 and 23.08.2013 that had been entered into by and between the parties herein.
b) to direct the respondent to pay to the petitioner the costs of this proceeding and c. to pass such further and or other orders as this Court may deem fit.
For petitioner in all petitions : Mr. S. Raghunathan For respondents in all petitions : Mr.T.V. Suresh Kumar for M/s.Genicon Legal COMMON ORDER These petitions have been filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking for appointment of an Arbitrator by this Court.
2. Earlier, Mr.R.Singaravelan, learned Senior Advocate, who was appointed as the Arbitrator by this Court has recused himself from functioning as Arbitrator.
3. Now, both the learned counsels on instructions have made an endorsement in the respective Court bundles stating that the parties are 2/5
agreeable for the appointment of Hon'ble Mr.Justice K.P.Sivasubramaniam(Retd.) as the sole Arbitrator to adjudicate the disputes between the parties arising out of the following agreements :- i) Project Management Agreement, dated 22.08.2012; ii) Operation and Supervision Agreement, dated 23.08.2013 and iii) Maintenance and Repair Agreement, dated 23.08.2013.
4. For the foregoing reasons, this Arbitration Original Petition is allowed as prayed for by issuing the following directions :- a) This Court appoints Hon'ble Mr.Justice K.P.Sivasubramaniam (Retd.), residing at No.47, Pulla Avenue, Shenoy Nagar, Chennai - 600 030 as the sole Arbitrator to adjudicate the dispute between the parties arising out of the i) Project Management Agreement, dated 22.08.2012; ii) Operation and Supervision Agreement, dated 23.08.2013 and iii) Maintenance and Repair Agreement, dated 23.08.2013.
(b) The Arbitrator shall be paid his remuneration / fees in accordance with the 4th schedule of the Arbitration and Conciliation Act, 1996.
(c) Both the parties shall equally share the arbitrator's fees.
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(d) The Arbitrator shall conduct the arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act. 05.06.2025 Index: Yes/ No Speaking order / Non speaking order vsi2 4/5
ABDUL QUDDHOSE, J.
vsi2 Arb.O.P (Com.Div.) Nos.139, 140 and 141 of 2025 05.06.2025 5/5