M/S.Unique Builders v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.07.2017

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH O.P. No.24 of 2017 M/s. Unique Builders, Rep by its Managing Partner Mr.P.Nallasamy, Son of Mr.Periyanna Gounder, No.1369, Fifth Street, Golden Colony, Padi, Chennai - 600 050.

.. Petitioner -vs1.The Union of India, Represented by the General Manager, Southern Railway, Park Town, Chennai - 3.

2. The Deputy Chief Engineer/CN/I/MAS, Construction, Southern Railway, Near My Lady's Garden, Chennai-600 003. .. Respondents Prayer: Petition filed under Section 11 of the Arbitration & Conciliation Act, 1996 to appoint an independent Arbitrator to arbitrate all the disputes and claims arising out of the Agreement No: 27/Dy.CE/CN/MAS/2011 dated 13/05/2011 between the parties and to direct the respondents to pay the cost of the Petition. For Petitioner : Mr.Amalaraj S.Penikilapatti For Respondents : Mr.P.T.Ramkumar

O R D E R

This petition seeks appointment of a Sole Arbitrator to resolve the disputes between the petitioner and respondent arising out of Agreement dated 13.05.2011 in No: 27/DY.CE/CN/MAS/2011. 2.When the matter is called for hearing today, learned counsel would agree on both the existance of an Arbitration clause as well as disputes inter se the parties that call for resolution and suggest that Mr.Justice.R.S.Ramanathan, be appointed as Sole Arbitrator. 3.I, thus, appoint Mr.Justice.R.S.Ramanathan, retired Judge of this Court, residing at " Parijatham", Old No. 4B2, New No.15, Rajagopalan Street, Valmiki Nagar, Tiruvanmiyur, Chennai - 600 041, (Mobile No.9444222391) as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties.

The learned Arbitrator may, after issuing notice to the parties and upon hearing them, endevour to pass an award preferably within a period of six months from the date of receipt of this order. The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses.

theMadras High Court Arbitration Rules.

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

11.07.2017 msv

Dr.ANITA SUMANTH,J.

msv O.P. No.24 of 2017 11.07.2017