East Coast Constructions & v. The Project Director, Piu Port

In the High Court of Judicature at Madras Dated: 26.06.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice Original Petition No. 415 of 2010 East Coast Constructions & Industries Ltd.

Rep. by its Director Mr.S.A.Muhammed Mohideen having its Registered Office at No.4, Bukharia Buildings, Moores Road, Chennai 600 006.

.. Petitioner vs.

1. The Project Director PIU, Port Connectivity Project National Highways Authority of India (Ministry of Shipping, Road Transport & Highways) Project Implementation Unit 8th Floor, Annexe Buildings SPIC House, 88, Mount Road Guindy, Chennai 600 032.

2. The Chairman Chennai-Ennore Port Road Company Ltd.

G-5&6, Sector 10 Dwarka New Delhi 110075.

3. The Director Chennai-Ennore Port Road Company Ltd.

G-5&6, Sector 10 Dwarka New Delhi 110075.

4. The General Manager (PC)-1 Chennai-Ennore Port Road Company Ltd.

G-5&6, Sector 10 Dwarka New Delhi 110075.

5. The Director General (Road Development & Special Secretary Ministry of Road Transport & Highways, Transport Bhavan No.1, Parliament Street New Delhi 110 001.

.. Respondents --- PRAYER : Petition filed under Section 11(4) & (6) of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator to resolve the dispute between the parties arising out of the Agreement dated 26.04.2006 and the Addendum Agreement dated 24.06.2008.

--- For Petitioner : Mr. Amalaraj For Respondents : Mr. Su. Srinivasan Assistant Solicitor General-I for R1&2 Mr. P. Wilson, Sr. Counsel for M/s.P.Wilson Associates for R5.

---

O R D E R

Learned counsel for the parties state that what has been recorded in the order dated 28.04.2015 is acceptable to both the parties and the learned senior counsel for the National Highways Authority has produced a list of Arbitrators on the panel of the National Highways Authority. From the panel, it is agreed that Mr. Justice E. Padmanabhan, a retired Judge of this Court, be appointed as the Sole Arbitrator.

2. Accordingly, 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 agreed by the learned counsel for the parties, the arbitration proceedings will be conducted under the ageis of the Delhi 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.) 26.06.2015 //Certified to be a true copy// Dated this the day of 2015.

R.s/29.12.2015 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.