The Tamil Nadu Water Supply v. M/S. Paramount Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2016

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU O.P. No.612 of 2014 and Application No.6034 of 2014 The Tamil Nadu Water Supply and Drainage Board, Represented by its Chairman and Managing Director No.31, Kamarajar Salai, Chennai-5,Tamilnadu ..Petitioner Vs

1. M/s. Paramount Limited, Paramount Complex, Gotri Road, Vadodara - 390 007, Gujarat

2. Mr.P.R.Seshadri, (Presiding Arbitrator) New No.4, Old No.36, Loganathan Colony, Mylapore, Chennai - 600 004.

3. Mr.M.Illangovan (Arbitrator), No.7/266, Ilangovadical Street, NGO Colony, Madurai - 625 019.

4. Mr.Sanat V.Pandya (Arbitrator) No.6/7, 1st Floor, B.H.Complex, Beside Utkarsh Patrol Pump, Karelibaug, vadodara - 390 018.

..Respondents

Petition filed under Section 14 of the Arbitration and Conciliation Act, 1996.

For Petitioner :

Mr.J.Thamizharasi For Respondent :

Mr.G.D.Vaishnav for R1 No appearance for R2 to R4

O R D E R

It is submitted by the learned counsel for the petitioner that the application filed by the petitioner before the Arbitral Tribunal on 11.11.2013, who is the respondent therein, seeking for withdrawal of Mr.Sanat V.Pandya from his office as one of the Arbitrators and for constitution of Tribunal by replacing him, has not yet been disposed of so far by the Tribunal and the same is pending. He further submitted that the Arbitrators are proceeding with the arbitral proceedings.

2. Learned counsel appearing for the respondent herein who is the claimant before the Tribunal is not disputing the fact that the said application is still pending and not yet disposed of. Therefore, without expressing any view on the application filed by the applicant, I direct the Tribunal to consider the application and pass orders on the same on merits

and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. Once such an order is passed, it is open to either of the parties to approach this Court with appropriate application. Since no order is passed by the Tribunal so far, no purpose will be served in keeping this Original Petition pending. Accordingly, this Original Petition is closed, however, by giving liberty to the petitioner to agitate the matter, if so warranted, pursuant to the order to be passed in their application filed on 11.11.2013. Consequently, connected application is also closed. sd/.K.R.C.B.J 29.02.2016 //Certified to be a true copy// Dated this the day of 2016.

S.s/07.04.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.