S.Mohanraj v. The Executive Engineer And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.03.2021

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA S.Mohanraj ... Applicant Vs.

1.The Executive Engineer, Integral Coach Factory, Chennai - 600038.

2.The Principal Chief Engineer, Integral Coach Factory, Chennai - 600038.

... Respondents Prayer: Judges summons filed under Order XIV Rule 8 of the Original Side Rules R/w Section 9 of Arbitration and Conciliation Act 1996, to pass an order of interim injunction restraining the respondents, their men, agent or any person claiming through them from interfering with running of my business in the licened premises viz., 20 stalls in ICF Shopping Complex and one vacant 300 Sq.ft. of land covered by the license granted to me under agreement No.03/2019 dated 28.08.2020 till the disposal of the arbitration proceedings.

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For Applicant :

Mr.S.M.Murali Dharan For Respondents :

Ms.T.P.Savitha

ORDER

Today, the learned counsel for the applicant on instructions from his client would agree to appoint Mr.R.Kuppan, Retired PCME/S.Rly, which was one of the four names suggested by the respondents vide their letter dated 19.02.2021 to act as an arbitrator.

2. In the light of the above circumstances, this Court is passing the following order:

i) Mr.R.Kuppan, Retired PCME/S.Rly, is appointed as an Arbitrator. ii) The 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 entering reference. It is open to the respondent to raise all legal objections as to the validity of contract. 2/4

iii) The arbitrator is at liberty to fix the remuneration and other incidental expenses as per law.

3. The Original Application is closed leaving the parties to bear their own costs. Interim order already granted shall continue till the arbitrator enters reference and the applicant files an application under Section 17 before the arbitrator.

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