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Madras High CourtOP/7/2015allowed

M/S.East Coast Constructions v. Public Works Department

2015-03-12Honourable The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12..03..2015 C O R A M The Hon'ble Mr. SANJAY KISHAN KAUL, Chief Justice Original Petition No. 7 of 2015 M/s.East Coast Constructions & Private Industries Ltd., No.4, Buhari Buildings, Moores Road, Chennai 600 006.

represented by its Managing Director .. Petitioner versus Public Works Department State of Tamil Nadu represented by the Superintending Engineer Building(Construction and Maintenance) Circle, Chepauk, Chennai 600 005.

.. Respondent - - - - - Prayer : Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, for appointment of an independant arbitrator and second arbitrator as provided under Clause 25.3 of the Agreement on behalf of the respondent.

- - - - - For Petitioner :

Mr.Rahul Balaji For Respondent :

Mr.A.L.Somayaji - Advocate General assisted by Mr.M.Venugopal Special Government Pleader (C.S).

- - - - -

O R D E R

The learned counsel for the parties agreed that the disputes inter se the parties could be referred to the sole Arbitration of Thiru Justice K.Venkataraman, a retired Judge of the High Court of Madras, as proposed by them.

2. Accoringly, the petition filed under Section 11 of the Arbitration and Concilation Act, 1996, is allowed. I hereby appoint Thiru Justice K.Venkataraman, a retired Judge of the High Court of Madras, as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties. The learned Arbitrator shall enter upon the reference and after issuing notice to the parties and hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the order. The learned Arbitrator is at liberty to fix the remuneration and other incidental expenses, which shall be borne equally by both the parties.

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

(S.K.K., CJ.) 12th March, 2015 ksr

The Hon'ble The Chief Justice (ksr) O.P. No.7 of 2015 12.03.2015