V.Kalyani v. C.S.Vijayaraghavan

In the High Court of Judicature at Madras Dated: 30.01.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice Original Petition No. 715 of 2014

1. V. Kalyani

2. V.V. Ranganathan .. Petitioners vs.

C.S. Vijayaraghavan .. Respondent --- PRAYER : Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator to resolve the dispute between the parties arising out of the Construction Agreement dated nil.08.2011.

--- For Petitioners :Mr. B. Manoharan For Respondent :Mr. K. Bijai Sundar ---

O R D E R

Learned counsel for the parties have obtained instructions and state that the matter may be referred to the Mediation Centre, High Court, Madras for an endeavour to resolve the disputes through Mediation. It is also suggested that if a technical person is available, he may be appointed as a Mediator or the assistance of a technical person may be taken by the Mediator to resolve the disputes inter se the parties.

2. In view of the aforesaid, the parties are referred to Mediation and Conciliation Centre, High Court Campus, with the Mediator be appointed by the Mediation Centre. The parties will appear before the Centre on 10.02.2015 at 2.15 p.m. The Mediator will endeavour to resolve the disputes, for which 60 days' time period is granted from the date of first appearance of parties or any extended time period that may be granted by this Court.

3. If the dispute is not resolved within a period of sixty days as aforesaid or any extended period that may be granted by this Court, as proposed by learned counsel for parties, the matter would then be resolved through arbitration and the Arbitrator would decide the matter only after the expiry of the aforesaid period.

4. Accordingly, I appoint Thiru. R.Gopalakrishnan, Chief Engineer (Retired) Door No.1040, Ponni Colony, 26th Street, M.Block, Anna Nagar West, Chennai-40 (Cell No.9444400125),as the Sole Arbitrator to enter upon the reference and to adjudicate the disputes inter se the parties, 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 reference from the Mediation Centre.

The learned

Arbitrator is at liberty to fix the remuneration and other incidental expenses, which shall be borne by the parties equally.

5. The original petition accordingly stands allowed, leaving the parties to bear their own costs.

Sd/(S.K.K., C.J.) 30.01.2015 //Certified to be a true copy// Dated this the day of 2016 R.s/05.01.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.