R.Subburaj (Contractor) v. The General Manager

In the High Court of Judicature at Madras Dated : 20.01.2017 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.805 of 2016 R.Subburaj (Contractor) .. Petitioner -vs1.The General Manager, Southern Railway, Park Town, Chennai 600 003.

2.The Chief Commercial Manager, Southern Railway, Southern Railway Building, Park Town, Chennai 600 003. .. Respondents Petition filed under Section 11 (4) of the Arbitration and Conciliation Act, 1996, to appoint an independent Arbitrator / Presiding arbitrator under Section 11 (6) (b) of the Act to decide the disputes / claims raised by the petitioner against the respondents. For Petitioner : No appearance For Respondents : Mr.V.G.Suresh Kumar * * * * *

O R D E R

Learned counsel for the respondents cannot dispute https://hcservices.ecourts.gov.in/hcservices/

that the appointment of an employee of the respondent as an Arbitrator has been made after the amendment to the Arbitration and Conciliation Act, 1996, which has not been accepted by the petitioner. He, thus, submits that this Court may appoint an Arbitrator in view of the aforesaid position.

2.I, thus, appoint Mr.Richardson Wilson, Advocate, having office at No.330/26G, II Floor, Pandu Clix Plaza, Thambu Chetty Street, Parrys, Chennai 600 001, Mob. No.:9841697100, as the Sole Arbitrator to enter upon 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.

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

Sd/. (S.K.K., CJ.) 20.01.2017 //Certified to be a true copy// Dated this the day of 2017 R.s/16.03.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

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