M/S.Abirami Engineering Construction And Co v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN M/s.Abirami Engineering Construction and Co., Represented by its Partner, Mr.Aravind Thangavelu 5/217 D1, Teachers Colony, Mohanur Road, Namakkal - 637 001.

.. Petitioner Vs.

The Superintending Engineer, Tamil Nadu Urban Habitat Development Board (Formerly Tamil Nadu Slum Clearance Board) Chennai North Circle- 1, Chennai - 600 081.

.. Respondent Prayer: Original Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, read with Rule 2 of the appointment of Arbitrators of the Madras High Court Scheme, 1996 praying to appoint an Arbitrator as per terms set out in Section 11(6)(a) of the Arbitration and Conciliation Act, 1996 to decide the dispute between the petitioner and the respondent arising out of the Agreement Cr.No.3/SE (CCIII)/2019-2020 dated 24.10.2019. 1/5

For Petitioner : Mr.R.Harikrishnan For Respondent : M/s.G.Thilakavathi Senior Counsel assisted by Mr.S.Karthikeyan Standing Counsel

O R D E R

This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator as per terms set out in Section 11(6)(a) of the Arbitration and Conciliation Act, 1996 to decide the dispute between the petitioner and the respondent arising out of the Agreement Cr.No.3/SE (CC-III)/2019-2020 dated 24.10.2019. 2.Both the parties consent for appointment of the Hon'ble Mr.Justice K.Chandru, Retired Judge of this Court as an Arbitrator to resolve the dispute between the parties.

3.The parties are at liberty to workout the venue for Arbitration at Chennai.

4.The Court is inclined to pass the following order:- 2/5

(i) Hon'ble Mr.Justice K.Chandru, Retired Judge of this Court, (Mobile No.:9444390962) residing at No.4-B, Kanchana, 78, St.Marys Road, Abhiramapuram, Chennai - 600 018, is appointed as an Arbitrator to enter upon reference and adjudicate / resolve the inter se dispute between the parties.

(ii) The learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, endeavour to complete the arbitral proceedings and pass an award strictly in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as expeditiously as possible, preferably within a period of twelve months after the date of completion of pleadings under Sub-Section 4 to Section 23 as is contemplated in Section 29-A of the Arbitration and Conciliation Act, 1996, without getting influenced by any of the observations made by this Court in this order.

(iii) The learned Arbitrator appointed herein shall be paid fees and other incidental charges as may be fixed with the consent of parties or in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and the same shall be borne by the parties equally. In case, the 3/5

respondents remain ex parte, the petitioner shall pay the entire fee and other incidental charges to the Arbitrator and later recover the same from the respondents.

5.The Original Petition is allowed with the above observations, leaving the parties to bear their own costs.

6.Since the Court has appointed an Arbitrator, it is open to the petitioner as well as the respondent to seek other reliefs under Section 17 of the Arbitration and Conciliation Act, 1996, before the learned Arbitrator.

21.11.2023 jas Index : Yes / No Internet : Yes / No : Yes / No 4/5

C.SARAVANAN, J.

jas 21.11.2023 5/5