M/S.Urc Construction (P) Ltd. v. M/S.Empee Sugars And Chemicals

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.07.2017

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH O.P. No.135 of 2017 M/s.URC Construction (P) Ltd., Rep.by its Managing Director C.Devarajan .. Petitioner -vsM/s.Empee Sugars & Chemicals Limited, Empee Towers, No.59, Haris Road, Pudupet, Chennai - 600 002.

.. Respondent Prayer: Petition filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 to appoint an arbitrator in respect of the disputes between the petitioner and the respondent as set-out in this petition and to direct the respondent to pay the cost of this petition. For Petitioner : Mr.V.A.Sengottuvel For Respondent : Mr.Thomas T.Jacob

O R D E R

Disputes have arisen between parties pursuant to Work Order dated 03.11.2008 and 30.03.2009 that call for resolution in terms of clause 15.3 of the general conditions of contract that provides for arbitration.

2.Learned counsel for the parties agree that Mr.Justice F.M.Ibrahim Kalifulla, Retired Judge, Supreme Court of India, be appointed as the Sole Arbitrator in the matter. 3.Accordingly and by consent of parties, I appoint Mr.Justice F.M.Ibrahim Kalifulla, Retired Judge, Supreme Court of India, residing at No.128, Nelson Manickam Road, East West Centre, Ground Floor, Aminjikarai, Chennai-600 029, as the Sole Arbitrator to enter upon reference to adjudicate the disputes inter se the parties and after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible.

4.The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses, which shall be borne by both the parties equally. The proceedings may be conducted under the aegis of the Madras High Court Arbitration Centre in accordance with the Madras High Court Arbitration Rules.

5.The Original Petition is, accordingly, allowed, leaving the parties to bear their own costs.

03.07.2017 vga

Dr.ANITA SUMANTH,J.

vga O.P. No.135 of 2017 03.07.2017