The State Of Tamil Nadu v. M/S.Afcons Pauling Joint Venture
A.No.1303 of 2024 A.No.1303 of 2024 in O.P.No.408 of 2005 K.KUMARESH BABU,J.
The present application has been filed under section 15 read with Section 11 of Arbitration and Conciliation Act, 1996 seeking for appointment/ substitute a new Arbitrator to resolve the dispute in respect of the dispute that had arisen out of C.R.Agreement No.8/89 dated 20.10.1989.
2. After notice, the respondent had also appeared before this Court and had submitted that they have no objection for appointment of Arbitrator. The learned counsels appearing on either side submitted in unison requested this Court to appoint a retired Judge along with a specialist to resolve the dispute between this petitioner and the respondent.
3. Considering the averments made in the accompanying affidavit filed in support of this Application and also taking in to consideration the consent of the respondent and having being satisfied with the same, this Court appoints Mr.B.Ramalingam, Former District Judge, residing at Flat No.301, CASAGRAND, Noble Street, Alandur, Chennai - 600 061 as an Arbitrator to resolve the dispute between the parties. The learned Arbitrator is entitled to fix his remuneration as per Schedule-IV of Arbitration and https://www.mhc.tn.gov.in/judis Page No.1/2
A.No.1303 of 2024 Conciliation Act, 1996. The learned Arbitrator is also at liberty to engage the K.KUMARESH BABU,J.
Gba services of an Expert to assist him in taking a decision. The fees of the Expert shall be fixed by the learned Arbitrator and the same shall be borne by the respective parties in equal proportion. This Court further requests the learned Arbitrator to endeavour to decide the dispute as expeditiously as possible.
08.08.2024 gba A.No.1303 of 2024 in O.P.No.408 of 2005 https://www.mhc.tn.gov.in/judis Page No.2/2