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Madras High CourtOA/114/2016disposed of

M/S. Logos Constructions Pvt v. Ms. Alstom T & D India Limited

2016-08-30Honourable Mr Justice Rajiv Shakdher2 pages

O.A.No.114 of 2016 and A.No.1041 of 2016 RAJIV SHAKDHER, J.

1. Learned counsel for the parties, have agreed that the captioned applications be disposed of on the following terms, viz., i) That the dispute between the parties be referred to an Arbitrator, appointed by this Court.

ii) That the captioned applications be placed before the Arbitrator, who would treat the said applications, as applications filed under Section 17 of the Arbitration and Conciliation Act, 1996 (in short, ' 1996 Act') .

iii) The learned Arbitrator to pass appropriate orders in the matter including the said applications, after hearing the parties in the matter.

2. In view of the agreement arrived at between the parties, as reflected hereinabove, the applications are disposed of with the following directions:

2.1 Hon'ble Mr.Justice K.P.Sivasubramaniam, former Judge of this Court, is appointed as an Arbitrator, to adjudicate upon the dispute arising between the parties.

RAJIV SHAKDHER, J.

kj 2.2 The learned Arbitrator is requested to take up the captioned applications for hearing, in the first instance, by treating them, as applications under Section 17 of 1996 Act, after giving due opportunity to the parties to complete the pleadings. 2.3 Learned Arbitrator will fix his own fee. The burden of the fee shall be borne equally by the parties. In addition thereto, the learned Arbitrator shall also be reimbursed incidental expenses, if any, incurred, albeit, on actual basis.

3.No further orders are called for in the applications. 30.08.2016 kj Note:Registry to issue order copy on 31.08.2016.

O.A.No.114 of 2016 and A.No.1041 of 2016