Ivrcl-Cadagua Hogenakkal Water Treatment Company Private Limited v. The Project Chief Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU IVRCL-CADAGUA Hogenakkal Water Treatment Company Private Limited (a joint venture company between IVRCL Infrastructure & Project Limited and Cadagua S.A) Having their office at:

Madam Village, Cavery Road Pennagaram Taluk, Dharmapuri District Tamil Nadu.

...Petitioner

-vsThe Project Chief Engineer Tamil Nadu Water Supply and Drainage Board No.8, First Main Road Gandhi Nagar, Vellore - 632006.

...Respondent

PRAYER: Arbitration Original Petition filed under Section 11(4) of the Arbitration and Conciliation Act, 1996 for the following reliefs:- (a) to appoint an arbitrator to adjudicate the disputes between the petitioner and the respondent in terms of conditions of particular application;

(b) to direct the respondent to pay the costs.

For Petitioner :

Mr. Gaurav Chatterjee For Respondent :

Mr. Abdul Hameed, Senior Counsel Assisted by Ms.S.Mekhala

O R D E R

This Arbitration Original Petition has been filed under Section 11(4) of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator to adjudicate the disputes between the petitioner and the respondent in terms of conditions of particular application and to direct the respondent to pay the costs.

2.

Heard Mr. Gauraj Chatterjee, learned counsel for the petitioner and Mr. Abdul Hameed, learned Senior Counsel assisted by Ms. S.Mekhala, learned counsel appearing on behalf of the respondent. 3.

The application had been opposed to by the learned Senior Counsel appearing on behalf of the respondent which included the objection as to the period of limitation. The objections raised by the learned Senior Counsel in my view can also be raised before the learned Arbitrator and hence, with liberty to the respondent to raise the objections raised in the appointment of arbitrator to be raised before the Arbitrator itself, I am inclined to appoint an Arbitrator to arbitrate the disputes between the parties arising out of the agreement dated 19.02.2010. 4.

Even though the learned counsel appearing on either side had

suggested names for appointment as an Arbitrator, there has been no consensus on the names, therefore, I am inclined to appoint Hon'ble Mr. Justice K.Venkataraman, Former Judge, Madras High Court, residing at L-Block, No. 125, East Anna Nagar, Chennai - 600102, as Sole Arbitrator to enter upon the dispute between the petitioner and the respondent.

5.

The learned Sole Arbitrator is entitled to fix his fees as per the Schedule-IV to the Act. This Court further requests the learned Sole Arbitrator to endeavour to decide the dispute as expeditiously as possible. 6.

Accordingly, this Arbitration Original Petition is ordered. 29.08.2024 Index :Yes/No Maya

K.KUMARESH BABU, J.

Maya 29.08.2024