M/S.Tar Maker v. The Chairman/Project Manager

In the High Court of Judicature at Madras Dated : 12.08.2015 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.186 of 2015 M/s.Tar Maker Civil Engineers and Contractors A Partnership Firm, rep. by its Partner, K.Nakiran B.E.

.. Petitioner -vs1.The Chairman/Project Manager, HLL Life Care Limited, Mahilamandiram Road, Poojappuram Thiruvananthapuram.

2.The Associate Vice President, HLL Life Care Limited, Infrastructure Development Division, 'ADARSH' TC6/1718(1)-Vettamukku, Thirumala Road, Thiruvananthapuram.

3.The Deputy General Manager (Technical) HLL Life Care Limited, Infrastructure Development Division, 'ADARSH' TC6/1718(1)-Vettamukku, Thiruvananthapuram.

4.The Senior Manager (Civil) HLL Lifecare India Limited, (Jipmer Project), Puducherry.

.. Respondents Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, read with Clause 3(1)(b) of the scheme for Appointment of Arbitrator, 1996 to appoint an Independent Sole

Arbitrator to adjudicate upon the claims of the petitioner as the Arbitration application submitted by the petitioner to the Associate Vice President, HLL Lifecare Limited the 2nd respondent herein dated 29.12.2014 as per the Agreement No.HLL/ID/C&M/JIPMER/UHC/201314/435 dated 19.06.2013 and as per Clause 25 of the General Conditions of the Contract for Public Works 2011. For Petitioner : Mr.N.Thiagarajan For Respondent : Mr.M.Kemprraj * * * * *

O R D E R

On hearing the learned counsel for parties, it is agreed that a sole Arbitrator be appointed leaving all defences on merits open to the respondents before the Arbitrator.

2.In terms proposed and by consent of the learned counsel for the parties, I appoint Mr.Justice S.Rajeswaran, a retired Judge of this Court, as the Sole Arbitrator to enter upon the reference and adjudicate the dispute inter se the parties. As requested by the learned counsel for the parties, the arbitration proceedings will be conducted under the ageis of the Madras High Court Arbitration Centre and the parties will be governed by the Rules of the Centre.

3.The original petition is, accordingly, allowed, leaving the parties to bear their own costs.

(S.K.K., CJ.) 12.08.2015 sra Note: Mark a copy to (i) The Addl. Registrar-Vigilance Madras High Court Arbitration Centre, Madras High Court Campus, Chennai.

(ii)The Arbitrator, as referred above.

The Hon'ble Chief Justice (sra) O.P.No.186 of 2015 12.08.2015