M/S.Nilakantan And Sons Pvt Ltd, Represented By Managing Director N.Jayachandran, v. M/S. Southern Railway, Represented By Deputy General Manager,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16/6/2021 C O R A M THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR Original Petition No.525 of 2020 Nilakantan and Sons Pvt Ltd rep. By its Managing Director Mr.N.Jayachandran Office at 2, First Floor Gokul Towers, 7 C.P.Ramaswamy Road Alwarpet Chennai 600 018.

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Petitioner Vs Southern Railway rep. By its Deputy General Manager General Manager Headquarters office Southern Railway Park Town Chennai 600 003 and also at Southern Railway Podanur Coimbatore 641 023.

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Respondent 1/5

Petition filed under Section 11 (6) (b) of the Arbitration and Conciliation Act, 1996, to appoint an arbitral Tribunal to adjudicate the dispute that has arisen between the petitioner and respondent under t he Agreement, dated July 8, 2011.

For petitioner ...

Mr.Vinod Kumar For respondents ...

Mr.P.T.Ramkumar Standing Counsel - - - - - -

O R D E R

This Original Petition has been filed to appoint an arbitral tribunal to adjudicate the dispute that has arisen between the petitioner and respondent, under the Agreement, dated 8/7/2011.

2. Heard Mr.Vinod Kumar, learned counsel for the petitioner and Mr.P.T.Ramkumar, learned Standing Counsel for the respondent, through Video Conferencing.

3. Today, when the matter was taken up for hearing through Video 2/5

Conferencing, learned counsel appearing for the petitioner submitted that they have sent a mail to the learned counsel appearing for the respondent, mentioning the names, to be appointed as Arbitrator. Learned counsel appearing for the respondent submitted that they have no objection in appointing any one of the Arbitrators suggested by the applicant.

4. Since both parties have consented for appointment of an Arbitrator, this Original Petition is ordered as follows:- i) Mr.V.Murali Mohan, Rtd. FA & CAO/ICF/PER, residing at "PRIYAM", G - 1, New No.740 A, 7th Main Road, Ramnagar South, Madipakkam, Chennai 91 (e-mail - vmuralimohan2007@gmail.com), is appointed as the Arbitrator to enter upon reference and adjudicate the disputes inter se the parties.

ii) The learned Arbitrator may, after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the order. It is open 3/5

to the respondent to raise all legal objections as to the validity of contract. iii) The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses, as per Schedule of the Act.

4. The Original Petition is, accordingly, allowed, leaving the parties to bear their own costs.

16/6/2021 Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order mvs.

To Mr.V.Murali Mohan, Rtd. FA & CAO/ICF/PER, "PRIYAM", G - 1, New No.740 A, 7th Main Road, Ramnagar South, Madipakkam, Chennai 91 4/5

N.SATHISH KUMAR,J mvs.

16/6/2021 5/5