M/S.Transtonnelstroy Afcons Jv v. M/S.Chennai Metro Rail Limited

APPLICATION NOS.3100 AND 3102 OF 2019 IN O.P.NO.1151 & 1152 OF 2018 M.GOVINDARAJ, J.

These applications are filed by the applicants seeking to modify the order dated 01.02.2019 passed by this Court in O.P.Nos.1151 & 1152 of 2018 by appointing a Chairman / Presiding Arbitrator to adjudicate Claim No.3A.

2. This Court by order dated 01.02.2019, appointed Hon'ble Mr.Justice K.P.Sivasubramaniam (Retd.), Former Judge of this Court, as Presiding Arbitrator for conducting arbitration. However, the Hon'ble Judge, in his letter dated 29.03.2019 expressed his inability to continue with the assignment. Therefore, the parties to the proceedings are before this Court seeking modification of the above said order, for appointing a new Chairman / Presiding Arbitrator.

3. Heard the submissions made on either side.

4. By consensus of both the parties, the following modifications are made.

(i) In so far as Contract No.UAA-01 dated 31.01.2011 viz., Application No.3100 of 2019 in O.P.No.1151 of 2018 is concerned, Hon'ble Mr.Justice K.Govindarajan (Retd.) residing at New No.8, Old No.5, Justice Ramanujam Road, Malaviya Road, Shastri Nagar, Chennai- 600 041 is appointed as Presiding Arbitrator.

(ii) In so far as Contract No.UAA-05 dated 31.01.2011 viz., Application No.3102 of 2019 in O.P.No.1152 of 2018 is concerned, the Hon'ble Mr.Justice P.Jyothimani (Retd.), residing at No.81, Kandasamy Nagar, 5th Street, First Floor, Kamarajar Salai, Palavakkam, Chennai600 041, is appointed as Presiding Arbitrator. (iii) All other terms and condition mentioned in the above said order dated 01.02.2019 remains unaltered.

5. Both the applications are ordered accordingly. 16.04.2019 BKN/TK

M.GOVINDARAJ, J.

BKN/TK APPLICATION NOS.3100 AND 3102 OF 2019 IN O.P.NO.1151 & 1152 OF 2018 16.04.2019