Mahalakshmi Engineering v. The Chief Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2017

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH O.P. No.304 of 2017 Mahalakshmi Engineering Corporation rep. by its Propriietor N.P.Moorthy Highways & PWD Contractor No.6, M.R.Road, Navalpur, Ranipet, Vellore 632 401.

.. Petitioner -vs1.The Chief Engineer, Public Works Department, Puducherry.

2.The Superintending Engineer, Buildings & Road Circle I, Public Works Department, Puducherry - 605 001.

3.The Executive Engineer National Highways Division, Public Works Department, Puducherry.

.. Respondents Prayer: Petition filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 to appoint an independent Arbitrator to adjudicate upon the claims of the petitioner as the Arbitration application submitted by the petitioner to the Chief Engineer, Public Works Department, Puducherry viz., the 1st respondent herein dated 28.11.2016 as per the Agreement No.07/PW/NH/Accts/A2/11-12 dated 11.08.2011 and as per Clause 25 of the General conditions of the Contract for Public Works 1996 and to pay costs.

For Petitioner : Mr.N.Thiagarajan For Respondents : Mr.C.T.Ramesh, AGP (P)

O R D E R

This petition seeks appointment of a Sole Arbitrator to resolve the disputes between the petitioner and respondent that have arisen pursuant to agreement dated 11.08.2011.

2.Heard the counsel appearing for the parties.

3. An Agreement, dated 11.08.2011, was executed inter se between the parties and the dispute resolution clause is set out in clause '25' thereof.

4. Today, when the matter is taken up for hearing, it was submitted that the respondent, Public Works Department has appointed Mr.K.Balakrishnan, Chief Engineer (Retd.,) CPWD, Chennai 600 017 as the sole Arbitrator to adjudicate upon the disputes arisen between the parties.

5. In the aforesaid circumstances, I am inclined to order the petition and appoint Mr.K.Balakrishnan, Chief Engineer (Retd.,)

CPWD, as the Sole Arbitrator to enter upon reference and after issuing notice to the parties and upon 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 his remuneration and other incidental expenses, which shall be borne by both the parties equally.

6.The Original Petition is accordingly allowed. 04.07.2017 smi

Dr.ANITA SUMANTH, J.

smi O.P. No.304 of 2017 04.07.2017