M/S.Nilakantan And Sons Pvt Ltd, v. The Chief Engineer, Construction,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16/6/2021 C O R A M THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR Original Petition No.596 of 2020 Nilakantan and Sons Pvt Ltd 2, First Floor Gokul Towers, 7 C.P.Ramaswamy Road Chennai 600 018.

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Petitioner Vs The Chief Engineer Construction Southern Railway EVR Salai Egmore Chennai.

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Respondent Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint a sole Arbitrator, to adjudicate all the disputes between the petitioner and respondent arising out of Agreement No.21/CA.2004 dated 22/1/2004.

For petitioner ...

Mr.K.Harishankar For respondents ...

Mr.P.T.Ramkumar Standing Counsel 1/4

O R D E R

This Original Petition has been filed to adjudicate all the disputes between the petitioner and respondent arising out of Agreement No.21/CA.2004, dated 22/1/2004.

2. Heard Mr.K.Harishankar, learned counsel for the petitioner and Mr.P.T.Ramkumar, learned Standing Counsel for the respondent, through Video Conferencing.

3. Today, when the matter was taken up for hearing through Video Conferencing, learned counsel appearing for the petitioner submitted that they have sent a mail to the learned counsel appearing for the respondent, mentioning the names, to be appointed as Arbitrator. Learned counsel appearing for the respondent submitted that they have no objection in appointing any one of the Arbitrators suggested by the applicant. 2/4

4. Since both parties have consented for appointment of an Arbitrator, this Original Petition is ordered as follows:- i) Mr.Dani Thomas, Rtd.CAO/CN/ERS, No.10 C Lords, Skyline Imperial Gardens, Stadium Link Road, Palarivattom, Kochi 682 025 (Mobile No.9400000120), is appointed as the Arbitrator to enter upon reference and adjudicate the disputes inter se the parties. ii) The learned Arbitrator may, after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the order. It is open to the respondent to raise all legal objections as to the validity of contract. iii) The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses, as per Schedule of the Act. N.SATHISH KUMAR,J 3/4

mvs.

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

16/6/2021 Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order mvs.

To Mr.Dani Thomas, Rtd.CAO/CN/ERS, No.10 C Lords, Skyline Imperial Gardens, Stadium Link Road, Palarivattom, Kochi 682 025 4/4