Gmp International Gmbh v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12..03..2015 C O R A M The Hon'ble Mr. SANJAY KISHAN KAUL, Chief Justice Original Petition No.388 of 2014 GMP International GMBH, of Harderbergstrasse 4-5, D-10623 Berlin, Germany represented by its Authorised Signatory Col.C.Jaishankar, General Manager, Archivista Engineering Project Pvt., Ltd., No.25/10, Ehirarj Lane, Egmore, Chennai 600 008.

.. Petitioner versus 1.The Government of Tamil Nadu represented by the Secretary Public Works Department Fort St.George, Chennai 600009.

2.Chief Engineer (Builders), Chennai Region Chepauk, Chennai 600 009.

3.The Superintending Engineer (I/C) PWD, Building Construction Circle Tamil Nadu Legislative Assembly Complex Chepauk, Chennai 600 005.

4.The Executive Engineer Building Construction Division, Tamil nadu Legislative Assembly Complex Chepauk, Chennai 600005.

.. Respondents - - - - -

Prayer : Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an independant arbitrator in terms of Clause 2.19 of the Agreement for consultancy in 8A/BCM/2007-2008 dated 15.02.2008, 01/BCCTNLA/2009-2010 dated 16.07.2009 and 4A/BCC/TNLA/20112012 dated 30.05.2011, entered between the parties. - - - - - For Petitioner :

Mr.T.Gowthaman For Respondent : Mr.A.L.Somayaji - Advocate General assisted by Mr.M.Venugopal Special Government Pleader for R.1 to R.3 - - - - -

O R D E R

The learned counsel for the parties agreed that the disputes inter se the parties could be referred to the sole Arbitration of Thiru Justice K.Venkataraman, a retired Judge of the High Court of Madras, as proposed by them, leaving all the defences open to the parties to raise before the learned Arbitrator.

2. Accoringly, the petition filed under Section 11 of the Arbitration and Concilation Act, 1996, is allowed. I hereby appoint Thiru Justice K.Venkataraman, a retired Judge of the High Court of Madras, as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the

parties. The learned Arbitrator shall enter upon the reference and after issuing notice to the parties and hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the order. The learned Arbitrator is at liberty to fix the remuneration and other incidental expenses, which shall be borne equally by both the parties.

3. The original petition is accordingly allowed leaving the parties to bear their own costs.

(S.K.K., CJ.) 12th March, 2015 ksr

The Hon'ble The Chief Justice (ksr) O.P. No.388 of 2014 12.03.2015