Allowed

Silpa Projects and Infrastructure (I) Pvt. Limited v. Ms/ Samson and Sons Builders and Developers (P) Limited

Kerala HC21 Mar 2017AR/7/2017

Case brief

AI extract

What is this about?

Application for appointment of an arbitrator under a construction contract. The single judge allowed the request, finding the arbitration clause valid, and provisionally appointed a retired District Judge from the Court's panel, directing the Registry to obtain disclosure

What did the court decide?

The arbitration request was allowed; S. Vijayakumar was provisionally appointed as arbitrator; Registry to obtain disclosure under Section 11(8).

Silpa Projects and Infrastructure (I) Pvt. Limited Vs Ms/ Samson… — Arbitration | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶4

TUESDAY, THE 21ST DAY OF MARCH 2017/30TH PHALGUNA, 1938

¶5

AR.No. 7 of 2017 ()

¶6

PETITIONER:

¶7

SILPA PROJECTS AND INFRASTRUCTURE (I) PVT. LTD., PARAMARA ROAD, KOCHI-18, REP. BY T.S. SANIL, MANAGING DIRECTOR.

¶8

BY ADV. SRI.P.K.RAVISANKAR.

¶9

RESPONDENT:

¶10

M/S. SAMSON AND SONS BUILDERS AND DEVELOPERS (P) LIMITED, TC 3/679, TKD ROAD, MUTTADA, THIRUVANANTHAPURAM-695 025.

¶11

THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 21-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

AR.No. 7 of 2017

APPENDIX

PETITIONER'S ANNEXURES:-

¶16

ANNEXURE A	DULY CERTIFIED COPY OF THE AGREEMENT DATED 25/06/2016 CONTAINING THE ARBITRATION CLAUSE IN CLAUSE 19.
ANNEXURE B	COPY OF THE NOTICE DATED 05/12/2016 ISSUED BY THE PETITIONER TO THE RESPONDENT.
ANNEXURE C	COPY OF THE NOTICE DATED 27/12/2016 ISSUED BY THE PETITIONER TO THE RESPONDENT.
ANNEXURE D	COPY OF THE POSTAL A.D. CARD WITH RESPECT TO ANNEXURE C.

¶17

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

P.B.SURESH KUMAR, J.

¶22

= = = = = = = = = = = = = =

¶23

Arb.Request No.7 of 2017.

¶24

= = = = = = = = = = = = = =

¶25

Dated this the 21^th day of March, 2017.

¶26

O R D E R

¶27

The applicant is a contractor. They have entered into Annexure-A agreement with the respondent for construction of an apartment complex. Disputes arose between the parties during the execution of the work. It is stated that in terms of

¶28

Annexure-A agreement, the disputes between the parties are to be resolved by recourse to arbitration. It is alleged that though the applicant has called upon the respondent to resolve the disputes by recourse to arbitration, there is no response from the respondent. Hence this arbitration request.

¶29

There is no appearance for the respondent.

¶30

3. Heard the learned counsel for the applicant.

¶31

4. Clause 19 of Annexure-A agreement reads thus:

¶32

“It is unanimously accepted that any dispute with respect to the work done or to be done by the contractor shall not be made a subject matter before any court of law. In case of any dispute, the following procedure shall be adhered to:

¶33

(i) Upon the arrival of a dispute, if any, the contractor shall have the right to call for arbitration under the Arbitration and Conciliation Act 1996.

¶34

(ii) The arbitrator shall fix a time and date on which the parties (the contractor as well as the owner) shall convene to settle the matter amicably.

¶35

Arb.Request No.7/2017.

¶36

¶37

(iii) The arbitrator, on the date so fixed by him, shall hear the matter and pass final orders on the dispute. The decision passed by the arbitrator shall be binding and final on the owner as well as contractor.”

¶38

It is explicit from the clause extracted above that the disputes between the parties in relation to the matters covered by the agreement are to be resolved by recourse to arbitration. The applicant, in the circumstances, is entitled to succeed.

¶39

In the result, the arbitration request is allowed and Sri.S.Vijayakumar (48/425J-1, Sree Varam, Edappally Raghavan Pillai Road, Elamakkara Post, Kochi 682 026), a retired District Judge from the panel of arbitrators maintained by this Court is appointed provisionally as arbitrator in this matter. The Registry shall obtain the disclosure in writing from the arbitrator appointed, as provided for under Section 11(8) of the Arbitration and Conciliation Act, in the prescribed form and place the matter again before the Court for confirmation of the appointment.

¶40

Sd/- P.B.SURESH KUMAR, JUDGE.

¶41

Kvs/-

¶42

// true copy //

¶43

PA TO JUDGE.

Silpa Projects and Infrastructure (I) Pvt. Limited v. Ms/ Samson and Sons Builders and Developers (P) Limited

Case brief

What is this about?

What did the court decide?

Silpa Projects and Infrastructure (I) Pvt. Limited v. Ms/ Samson and Sons Builders and Developers (P) Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Silpa Projects and Infrastructure (I) Pvt. Limited Vs M/S.Samson and Sons Builders and Developers (P) Limited

K.Vijayakumar Vs State of Kerala

Rajesh R.Kodiparambil and Ors. Vs the State of Kerala and Ors.

Dr.Sunil Kumar.P. Vs St.Xaier'S College

Ravi Manohar Vs Manarcad Grama Panchayath and Others

Mohammed Iqbal K.M. Vs State of Kerala