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Madras High CourtOA/838/2023disposed of

M.David Rajan v. The Managing Director, Chennai Metropolitan Water Supply And Sewerage Board And 4 Others

2023-10-11Honourable Mr Justice C. Saravanan4 pages

and Arb.Appln.No.555 of 2023 C.SARAVANAN, J.

By this common order, all the Applications are being disposed of.

2. Arb.Appln.No.555 of 2023 filed to stay the operation of the cancellation of the work order dated 04.08.2022 has been rendered as infructuous and therefore, the same is dismissed with liberty to the parties to workout their remedy before the learned Arbitrator.

3. As far as O.A.Nos.838 to 841 of 2023 are concerned, the Respondents were on the verge of terminating the contract of the Applicants. The case of the Applicants appears that though notices were issued, no orders have been passed.

4. On the other hand, the learned counsel for the Respondents would submit that in view of the pendency of the proceedings, the contract between the Applicants and the Respondents has not been terminated. 1/4

5. It is noticed that under similar circumstances, Hon'ble Mr.Justice N.Kirubakaran (Retd.), Former Judge of Madras High Court has been appointed as an Arbitrator to resolve the dispute between the parties. Since the appointment of Hon'ble Mr.Justice N.Kirubakaran (Retd.), Former Judge of Madras High Court may offend VI schedule to the Arbitration and Conciliation Act, 1996, Court is inclined to appoint Hon'ble Mr.M.Vijaya Raghavan (Retd.), Former Judge of Madras High Court as an Arbitrator to resolve the dispute between the parties.

6. It is open for the respective Applicants in all the Applications to file appropriate Applications under Section 17 of the Arbitration and Conciliation Act, 1996, provided, such Applications are filed within a period of thirty days from the date of receipt of a copy of this order. Pending orders of the learned Arbitrator, the Respondents are directed to keep the coercive proceedings in abeyance as far as the Applicants in O.A.Nos.838 to 841 of 2023.

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7. These applications are disposed of accordingly. 11.10.2023 arb 3/4

C.SARAVANAN, J.

arb and Arb.Appln.No.555 of 2023 11.10.2023 4/4