M/S.K.S.Mani Electricals v. The Chief Engineer

In the High Court of Judicature at Madras Dated : 24.03.2017 Coram :

The Hon'ble Mr.Huluvadi G.Ramesh, Acting Chief Justice O.P.No.853 of 2016 M/s.K.S.Mani Electricals, rep. by its Sole Proprietor K.Subramanian, Electrical Engineer & 'A' Grade Contractor, No.50, IIIrd Cross Street, Velmurugan Nagar, Kuyavarpalayam, Puducherry - 605 013.

.. Petitioner -vs1.The Chief Engineer, Public Works Department, Puducherry - 605 013.

2.The Superintending Engineer, Buildings & Roads Circle - III, Public Works Department, Karaikal - 609 602.

3.The Executive Engineer, Buildings & Roads Division, Public Works Department, Karaikal - 609 602.

.. Respondents Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 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 dated 30.05.2016 as per the Agreement No.42/B&R/K/2014-15 dated 19.08.2014 and as per Clause

25 of the General Conditions of the Contract for Public Works 1996. For Petitioner : Mr.N.Thiagarajan For Respondents : Ms.D.Reena Iswariya Addl. G.P. (Pondy) * * * * *

O R D E R

This petition has been filed by the petitioner seeking to appoint a Sole Arbitrator to adjudicate upon the disputes arisen between the petitioner and the respondents.

2. When the matter is taken up for final hearing, the learned counsel for parties jointly agreed that Mr.K.Balakrishnan, Chief Engineer (retired) may be appointed as the Sole Arbitrator.

3. In view of the aforesaid, I appoint Mr.K.Balakrishnan, Chief Engineer (retired) CPWD, No.896B - Max Worth Nagar, Sunnambu Kolathur, Kovilampakkam, Chennai-600 129 as the Sole Arbitrator to enter upon the reference and adjudicate the disputes inter se the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of communication of the order. The venue of arbitration will be at Puducherry. The Arbitrator is

at liberty to fix his remuneration.

4. The Original Petition is accordingly allowed, leaving the parties to bear their own costs.

(H.G.R., ACJ.) 24.03.2017 Index : Yes/No Internet : Yes/No bbr Note: Mark a copy to (i) The Arbitrator, as referred above.

The Hon'ble Acting Chief Justice bbr O.P.No.853 of 2016 24.03.2017 http://www.judis.nic.in