M/S.Steel India Corporation v. Chennai Port Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Arb.O.P (Com.Div.) No. 304 of 2024:- M/s. Steel India Corporation Rep. By its General Manager Mr.G.Jagadeeswaran No.405/1, Kumarappapuram Road Assissi Nagar, Madhavaram Chennai-600060.

...Petitioner

-vsChennai Port Authority No.1, Rajaji Salai Chennai - 600001.

... Respondent PRAYER: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator to arbitrate upon the dispute between the petitioner and the respondent with respect to the Contract No. 05 of 2022 dated 31.03.2022 for execution of removing the damaged ACC sheet and replacing with Non-Asbestos corrugated roofing sheet at JD I, III and JD V (North) including renovation of JD transit sheds in EE (C) CD I Division. For Petitioner :

Mr. S.Venkatesan

For Respondent :

Mr. Haja Mohideen Gisthi Arb.O.P (Com.Div.) No. 306 of 2024:- M/s. Steel India Corporation Rep. By its General Manager Mr.G.Jagadeeswaran No.405/1, Kumarappapuram Road Assissi Nagar, Madhavaram Chennai-600060.

...Petitioner

-vsChennai Port Authority No.1, Rajaji Salai Chennai - 600001.

... Respondent PRAYER: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator to arbitrate upon the dispute between the petitioner and the respondent with respect to the Contract No. 10 of 2022 dated 11.05.2022 for the work i.e., flooring and removal of damaged ACC sheet at E1 & E4 warehouses in EE(C) CD -1.

For Petitioner :

Mr. S.Venkatesan For Respondent :

Mr. Haja Mohideen Gisthi C O M M O N O R D E R These Arbitration Original Petitions have been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an

Arbitrator upon the dispute between the petitioner and the respondent with respect to the Contract No. 05 of 2022 dated 31.03.2022 for execution of removing the damaged ACC sheet and replacing with NonAsbestos corrugated roofing sheet at JD I, III and JD V (North) including renovation of JD transit sheds in EE (C) CD I Division and with respect to the Contract No. 10 of 2022 dated 11.05.2022 for the work i.e., flooring and removal of damaged ACC sheet at E1 & E4 warehouses in EE(C) CD -1.

2.

Heard Mr. S.Venkatesan, learned counsel for the petitioner and Mr. Haja Mohideen Gisthi, learned counsel for the respondent. 3.

Even thought objection had been originally raised by the respondent with regard to the applications, since the nomination had been made by the respective parties today, considering the issue involved, the respondent also accepted for appointment of the Sole Arbitrator. The learned counsel for the petitioner also agrees for appointment of a Sole Arbitrator. The learned counsel appearing on either side would also request this Court to nominate Hon'ble Mr. Justice

P.Jyothimani, Former Judge, Madras High Court to be appointed as Arbitrator. In view of the consent given by the respective parties, this Court appoints Hon'ble Mr. Justice P.Jyothimani, Former Judge, Madras High Court, residing at No. C-9, AGS Colony, Beach 1st Cross Street, Kottivakkam, Chennai - 600041 as Sole Arbitrator to enter upon the dispute between the petitioner and the respondent.

4. The learned Sole Arbitrator is entitled to fix his fees as per the Schedule-IV to the Act. This Court further requests the learned Sole Arbitrator to endeavour to decide the dispute as expeditiously as possible.

5 Accordingly, these Arbitration Original Petitions are ordered. 04.09.2024 Index :Yes/No Maya

K.KUMARESH BABU, J.

Maya Arb.O.P. (Com.Div.) Nos. 304 and 306 of 2024 Dated : 04.09.2024