G.A.Projects Private Limited v. The Chairman Cum Managing

In the High Court of Judicature at Madras Dated : 25.10.2016 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.618 of 2016 G.A.Projects Private Limited Rep. by its Managing Director, Mr.G.A.Sridhar.

.. Petitioner -vs1.The Chairman cum Managing Director, Kamarajar Port Limited, Vallur Post, Chennai-120.

2.The General Manager (Operations), Kamarajar Port Limited, Port Administrative Building, Vallur Post, Chennai-120.

3.Infra Support Engineering Consultants Pvt. Ltd., Rep. by its Resident Engineer, 1st Floor, Car Parking Building, KPL, Vallur Post, Chennai-120.

.. Respondents Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint an arbitrator to arbitrate all the claims and disputes between the petitioner and the respondents arising out of the Agreement no.31 of 2014 dated 24.10.2014.

For Petitioner : Mr.Amalaraj S.Penikilapatti For Respondents : Mr.Krishna Ravindran * * * * *

O R D E R

Heard the learned counsel for parties.

2.It appears that the endeavour for a prearbitration process of resolution of disputes has not been successful, albeit both parties blaming each other for it. It is also not in issue that on failure of the same, the matter has to be resolved through arbitration of a Arbitral Tribunal of three members.

3.Learned counsel for parties suggested in the course of arguments that in order to reduce costs, it may be advisable to have a Single Member Arbitral Tribunal and a retired Judge of the High Court may be appointed as the Sole Arbitrator.

4.In view of the aforesaid and there being no other impediment for reference of disputes to arbitration, since the jurisdiction is of this Court, disputes arisen between the parties and the arbitration clause are not in dispute, I accede to the request.

5.Accordingly, with consent, I appoint Mr.Justice E.Padmanabhan, a retired Judge of this Court, as the Sole Arbitrator to enter upon the reference and adjudicate the disputes inter se the parties.

As requested, the arbitration proceedings will be conducted under the aegis of the Madras High Court Arbitration Centre and the parties will be governed by the Rules of the Centre.

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

(S.K.K., CJ.) 25.10.2016 //Certified to be a true copy// Dated this the day of 2016 R.s/29.11.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.