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Madras High CourtArb O.P(COM.DIV.)/315/2024ordered

Elangovan M v. Government Of Puducherry

2024-09-06Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU M.Elangovan ... Petitioner -vs1.Government of Puducherry, Rep. By its Secretary, Public Works Department, Puducherry- 605 001.

2.The Chief Engineer, Public Works Department, Government of Puducherry, Central Office, Puducherry- 605 001.

3.Superintending Engineer, Circle-03, Public Works Department, Government of Puducherry, Karaikal-609 602.

4.The Executive Engineer, Buildings and Road Division, Public Works Department, Karaikal- 609 602.

...Respondents

PRAYER: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator for settlement of the dispute with the petitioner and respondents of the Chief Page No:1/4

Engineer, Public Works Department, Government of Puducherry, and Executive Engineer, Buildings and Road Division, Public Works Department for the settlement of the Petitioner's claims amounting to Rs.19,17,17,855/- and to award the cost of the petition.

For Petitioner : Ms.P.Keerthi Varman For Respondents : Mr.V.Vasantha Kumar

O R D E R

This Arbitration Original Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter called as 'the Act') to appoint an Arbitrator in respect of the dispute that has arisen out of an Agreement No.175/B&R/K/2015-16 dated 06.08.2015 that had been entered upon between the petitioner and the respondents.

2. When the matter is taken up for hearing, the learned Special Government Pleader consented for the application to be allowed. He had also produced a list of Arbitrators and would submit that he would have no objection to appoint any one of the Arbitrator indicated in the list to be appointed as Arbitrator. The said list was also served upon the learned counsel for the petitioner and the learned counsel for the petitioner had suggested the name of the Hon'ble Mr.Justice.K.Kalyanasundaram, Former Judge, Madras High Court to be appointed as an Abitrator. In Page No:2/4

view of the consent given by the respective parties, this Court appoints Hon'ble Mr.Justice.K.Kalyanasundaram, Former Judge, Madras High Court, residing at Plot No.406, 5th South Cross Street, Kapaleeswarar Nagar, Neelankarai, Chennai- 600 115 as Sole Arbitrator to enter upon the dispute between the petitioner and the respondents.

3. 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.

4. Accordingly, this Arbitration Original Petition is ordered. 06.09.2024 Index :Yes/No Speaking Order/ Non-Speaking Order tsh Page No:3/4

K.KUMARESH BABU, J.

tsh Arb.O.P. (Com.Div.) No.315 of 2024 06.09.2024 Page No:4/4