M/S.Integrated Engineering v. Chhotagovindpur And Baghbera Drinking

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2025

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Arb.O.P.(Comm.Div.) No.15 of 2025 M/s.Integrated Engineering, Hyderabad.

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Petitioner -vsChhotagovindpur & Baghbera Drinking Water Supply Project Limited, Chennai.

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Respondent Petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed seeking to appoint an arbitrator to resolve the disputes between the parties arising out of the purchase order dated 23.05.2018 and clause 13 of the General Conditions of the Contracts in regard to Arbitration and Conciliation.

For Petitioner : Mr.S.Gopinathan Respondents are set exparte 1/5

ORDER

This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short "the Act") seeking for appointment of an Arbitrator by this Court.

2. There seems to be a dispute between the petitioner and the respondent arising out of the following documents:- (a) Purchase order dated 23.05.2018; and (b) amended purchase orders dated 08.06.2018 and 23.06.2020 issued by the respondent.

3. The aforesaid purchase orders contain an arbitration clause. The same is extracted hereunder:-

13. Arbitration & Jurisdiction:

Any dispute or differences between the parties hereto arising out of any issue related to the Purchase order shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, and the Rules made thereunder. Area of jurisdiction shall be Chennai, Tamilnadu.

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4. The petitioner has invoked arbitration in accordance with the arbitration clause by issuing notice to the respondent on 11.03.2024 in compliance with Section 21 of the Act. No reply has been received for the same. Therefore, it became necessary for the petitioner to file this petition under Section 11 of the Act seeking for appointment of an Arbitrator by this Court.

5. The respondent has already been set exparte by this Court in this petition. Since there exists an arbitration clause in the aforesaid Purchase Orders, which are the subject matter of the dispute between the parties, and since the petitioner has invoked arbitration by issuing notice to the respondent on 11.03.2024 in compliance with Section 21 of the Act, and since there is no consensus between the parties with regard to the name of the Arbitrator, this Court will have to appoint an Arbitrator. Accordingly, this petition is allowed with the following directions:- (a) This Court hereby appoints Mr.Prasad Vijayakumar, Advocate, having office at No.52, Law Chambers, High Court Buildings, Chennai-104 (Mobile No.9940673979), as the Sole Arbitrator to 3/5

adjudicate the dispute between the petitioner and the respondent arising out the aforesaid Purchase Orders. (b) The Sole Arbitrator appointed by this Court shall be paid remuneration/fees as per the schedule agreed upon by the parties to the dispute.

(c) The Arbitrator shall adhere to the provisions of Arbitration and Conciliation Act, 1996.

(d) The Arbitrator shall also pass the arbitral award within the stipulated period as prescribed under the Arbitration and Conciliation Act, 1996.

19.06.2025 rkm Index:yes/no ABDUL QUDDHOSE, J.

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rkm Arb.O.P.(Comm.Div.) No.15 of 19.06.2025 5/5