M/S.P.S.K.Engineering v. University Of Madras

In the High Court of Judicature at Madras Dated : 26.04.2016 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.Nos.998 and 1001 of 2015 M/s.P.S.K.Engineering Construction & Co., Rep. by its Executive Partner, Mr.P.Arun Kumar.

.. Petitioner in both OPs.

-vsUniversity of Madras, Rep. by its Registrar, Chepauk, Chennai.

.. Respondents in both OPs.

Petitions filed under Section 11 (4) (a) & 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint an Arbitrator to adjudicate the disputes arising out of the Agreement dated 19.04.2012 entered into between the petitioner and the respondent. For Petitioner : Mr.V.Srikanth For Respondents : M/s.Narmadha Sampath * * * * *

O R D E R

It is suggested by the learned counsel for the parties that before taking recourse to arbitration for resolving the disputes, an endeavour may be made to first settle the disputes through the process of mediation and if the mediation process fails, the parties would endeavour to resolve the disputes through arbitration. Learned counsels also states that though the arbitration clause contains requirement of a panel of three Arbitrators, in order to reduce costs, a single Arbitrator may be appointed.

2.Thus, as agreed, the disputes be first referred to the Tamil Nadu Mediation and Conciliation Centre, Madras High Court Campus and the parties will appear before the Centre on 03.06.2016. The Mediator will endeavour to resolve the disputes within a period of two

(2) months from that date or any extended period as may be granted by the Court.

3.In case, the parties are unable to resolve the disputes through mediation, it is agreed that the disputes be referred to the sole arbitration of Mr.Justice R.S.Ramanathan, a retired Judge of

this Court, with the arbitration being held under aegis of the Madras High Court Arbitration Centre and the parties will be governed by the Rules of the Centre.

5.Ordered accordingly.

6.The original petition is, accordingly, disposed of, leaving the parties to bear their own costs.

(S.K.K., CJ.) 26.04.2016 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.

(iii)The Assistant Registrar, Tamil Nadu Mediation and Conciliation Centre, Madras High Court Campus, Chennai.

The Hon'ble Chief Justice (sra) O.P.Nos.998 and 1001 of 2015 26.04.2016