M/S.K.S. And Company v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-01-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Arb O.P(COM.DIV.) No. 84 of 2026 M/s.K.S. & Company Represented by its Partner, Mr.K.Sundaresan, 4/150, Lake Area Main Road, Uthangudi Post, Madurai - 625 107.

..Petitioner(s) Vs

1. The Executive Engineer Irrigation Division, Public Works Department, Puducherry - 605 001.

2.The Chief Engineer Public Works Department, Puducherry -605001 Respondent(s) PRAYER Petition filed under Section 15(2) of the Arbitration and Conciliation Act, 1996, to appoint a substitute Arbitrator in place of Honourable Mr.Justice Pongiappan (Retd.), Sole Arbitrator, to continue the arbitral proceedings between the Petitioner and the respondents, arising under the Agreement No.80/PW/ID/A2/2014-2015, from the state at which it was before Honourable Mr.Justice G.Rajasuriya.

For Petitioner(s): Mrs. Mithreyi Kasthurirangan For Respondent(s):

Mr. V. Vasanthakumar Additional Government Pleader

ORDER

This petition has been filed under Section 15(2) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as 'the Act'], to substitute the Arbitrator in the place of Hon'ble Mr. Justice R. Pongiappan (retired) to continue with the earlier proceedings between the petitioner and the respondent arising out of the work order dated 08.08.2014. 2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents. 3.It is seen from the records that the statement of claim along with the documents, was originally filed before the Hon'ble Mr. Justice G. Rajasuria (late). On his demise, the matter was placed before the Hon'ble Mr. Justice R. Pongiappan (retired). The Hon'ble Judge through proceedings dated 09.9.2025, has terminated the proceedings. In view of the same, the present petition has been filed for substituting the Arbitrator.

4.The learned counsel for the petitioner submitted that the original statement of claim, along with the documents, was filed before the Hon'ble Mr. Justice G. Rajasuria (late) and in view of his demise, the same is not able to be traced. Hence, the learned counsel requested this Court to pass appropriate orders in this regard.

5.In the considered view of this Court, the proceedings were pending at the stage of filing the amended statement of claim. However, no effective hearing has commenced in this case. Therefore, instead of wasting time to retrieve the original statement of claim along with the documents, it will suffice if the true copy of the statement of claim, along with the documents, is placed before the Arbitrator who is going to be appointed by this Court. Thereafter, the Sole Arbitrator appointed by this Court shall commence the proceedings from the stage of filing of the amended statement of claim. 6.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, this Court proceeds to appoint a Sole Arbitrator. Accordingly, Mr.E.Om Prakash, Senior Counsel, No.321, Old No.

155, II Floor, Thambu Chetty Street (opp. To MHC), Parrys, Chennai 600 001 [Mobile: 9444045745], is appointed as sole Arbitrator. The sole Arbitrator is requested to enter upon reference, adjudicate upon arbitrable disputes that have arisen between the parties.

the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 and fee of Hon'ble sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees) Rules 2017.

7. This petition is disposed of in the above terms. No Costs. 30-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes kp

To 1.The Executive Engineer Irrigation Division, Public Works Department, Puducherry - 605 001.

2.The Chief Engineer Public Works Department, Puducherry -605001

3. The Director Tamil Nadu Mediation and Conciliation Centre-cum-Ex-Officio Member Madras High Court Arbitration Centre Chennai - 104.

4.Mr.E.Om Prakash Senior Counsel No.321, Old No.155 II Floor, Thambu Chetty Street (opp. To MHC), Parrys Chennai 600 001.

N.ANAND VENKATESH J.

kp Arb O.P(COM.DIV) No. 84 of 2026 30-01-2026