M/S.Jayshila Consultants v. The Deputy Chief Engineer

In the High Court of Judicature at Madras Dated : 27.01.2017 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.699 of 2016 M/s.Jayshila Consultants, 2, 1st Floor, Gokul Towers, 7, C.P.Ramsamy Road, Chennai-600 018.

.. Petitioner -vsThe Deputy Chief Engineer, Gauge Conversion - I, Southern Railways, State Bank Road, Trichy - 1.

.. Respondent Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint a Sole Arbitrator from the panel of Arbitrators of this Hon'ble Court as per the provisions of the Arbitration and Conciliation Act, 1996, to adjudicate all disputes between the petitioner and the respondent.

For Petitioner : Mr.K.Harishankar For Respondent : Mr.P.T.Ramkumar * * * * *

O R D E R

Heard the learned counsel for parties.

2. In the given facts and circumstances of the case, it is agreed as under:-

(1) The petitioner will present all materials in support of its claim to the respondent within two weeks and the respondent will in turn thereafter examine the same and endeavour to settle the claim, if possible, within a period of six weeks thereafter. If such resolution takes place, then there would be no need for arbitration.

(2) If, however, no mutual agreed settlement is arrived at, the respondent will suggest a panel of three Arbitrators unconnected with the contract in question and the petitioner would select one of them as an Arbitrator, since the amount in question is only about Rs.5.00 lakhs.

(3) The Arbitrator in such a situation would endeavour to conclude the proceedings within a maximum period of six months of the petitioner so electing the Arbitrator.

3. The original petition, accordingly, stands disposed of, leaving the parties to bear their own costs.

(S.K.K., CJ.) 27.01.2017 bbr

The Hon'ble Chief Justice bbr O.P.No.699 of 2016 27.01.2017