M/S.Om Spun Pipes And Concrete v. The Divisional Railway

In the High Court of Judicature at Madras Dated : 23.04.2015 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.180 of 2015 M/s.Om Spun Pipes & Concrete Works, Rep. by its Sole Proprietor, K.Satyanarayana Raju.

.. Petitioner -vs1.The Divisional Railway Manager (Works) Southern Railway, Park Town, Chennai.

2.The General Manager, Southern Railways, Park Town, Chennai. ..Respondents Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint an Arbitral Tribunal to decide all the claims of the petitioner as set out in their letter dated 30.07.2013 which have been raised pursuant to the dispute between the petitioner and the first respondent under Agreement No.110/CTR/East/MAS/ 9.10.2008.

For Petitioner : M/s.S.Rajeni Ramadoss For Respondents : Mr.A.P.Srinivas * * * * *

O R D E R

Mr.A.P.Srinivas, learned standing counsel, has entered appearance for the respondents.

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2.It is informed that the Arbitral Tribunal is already in seizin of the disputes earlier referred to arbitration. The question is of certain other claims, which are liable to be adjudicated, but the objection of the respondents is that they are excepted matters. 3.In view of the judgment of this Court rendered in M.Rajkumar vs. The General Manager, Southern Railway (2015 (2) CTC 353), these claims are also referred to the same Arbitral Tribunal, which will, inter alia examine the issue of the maintainability of these claims before the Arbitral Tribunal on account of the claim of being excepted matters.

4.Original Petition is disposed of in terms aforesaid, leaving the parties to bear their own costs. Sd/. (S.K.K., CJ.) 23.04.2015 //Certified to be a true copy// Dated this the day of 2015.

R.s/23.07.2015 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

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