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Madras High CourtOP/501/2016allowed

M/S.Mahalakshmi Engineering v. The Chief Engineer

2016-09-02Honourable The Chief Justice4 pages

In the High Court of Judicature at Madras Dated : 02.09.2016 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.501 of 2016 M/s.Mahalakshmi Engineering Construction Rep. by its Proprietor, N.P.Moorthy.

.. Petitioner -vs1.The Chief Engineer, Buildings & Roads Circle-I, Public Works Department, Puducherry 605 013.

2.The Superintending Engineer, Buildings & Roads Circle-I, Public Works Department, Puducherry.

3.The Executive Engineer, National Highways Division, Public Works Department, Puducherry.

.. Respondent Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, read with Clause 3(1)(b) of the scheme for Appointment of Arbitrator, 1996, to appoint an independent Sole Arbitrator to adjudicate upon the claims of the petitioner as the Arbitration Application submitted by the petitioner to the Chief Engineer, Public Works Department, Puducherry, viz., the 1st respondent herein, dated 23.05.2016 as per the Agreement No.68/PW/NH/Accts/10-11 dated 28.02.2011 and as per Clause 25 of

the General Conditions of the Contract for Public Works 1996. For Petitioner : Mr.N.Thiagarajan For Respondents : Mr.M.Govindaraj Govt. Pleader (Pondy) * * * * *

O R D E R

Learned counsel for the parties state that they have agreed on the appointment of Thiru.S.Venkatesan, Superintending Engineer (Retd.), PWD, as the Sole Arbitrator.

2.Thus, I appoint Mr.S.Venkatesan, a retired Superintending Engineer, PWD, residing at No.16, First Main Road, Shanthi Nagar, Puducherry 605 011, as the Sole Arbitrator to enter upon the reference and adjudicate the disputes inter se the parties, with the venue at Puducherry. The parties under the arbitration proceedings will be governed by the Rules of the Madras High Court Arbitration Centre.

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

(S.K.K., CJ.) 02.09.2016 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.

The Hon'ble Chief Justice (sra) O.P.No.501 of 2016 02.09.2016