Allowed

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

Kerala HC20 Mar 2017AR/6/2017

Case brief

AI extract

What is this about?

Allowed an arbitration request filed by a contractor against a developer for disputes arising during construction. The court invoked the arbitration clause, noted the respondent's absence, and appointed a retired District Judge as provisional arbitrator pending confirmation.

What did the court decide?

The arbitration request was allowed and Sri. S. Vijayakumar was appointed provisionally as arbitrator for confirmation.

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

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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MONDAY, THE 20TH DAY OF MARCH 2017/29TH PHALGUNA, 1938

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AR.No. 6 of 2017 ()

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PETITIONER:

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

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BY ADV. SRI.P.K.RAVISANKAR

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RESPONDENT:

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

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THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 20-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

AR.NO.6/2017

APPENDIX

PETITIONER'S ANNEXURES:

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ANNEXURE A DULY CERTIFIED COPY OF THE AGREEMENT DATED 1/6/2016 CONTAINING THE ARBITRATION CLAUSE.
ANNEXURE B TRUE COPY OF THE NOTICE DATED 5/12/2016 ISSUED BY THE PETITIONER TO THE RESPONDENT.
ANNEXURE C TRUE COPY OF THE NOTICE DATED 27/12/2016 ISSUED BY THE PETITIONER TO THE RESPONDENT.
ANNEXURE D TRUE COPY OF THE POSTAL A.D. CARD WITH RESPECT TO ANNEXURE C.

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RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

P.B.SURESH KUMAR, J.

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

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Arb.Request No.6 of 2017.

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= = = = = = = = = = = = = = Dated this the 20^th day of March, 2017.

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O R D E R

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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 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

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disputes by recourse to arbitration, there is no response from the respondent. Hence this arbitration request.

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There is no appearance for the respondent.

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Heard the learned counsel for the applicant.

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The arbitration clause contained in Annexure-A

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agreement relied on by the learned counsel for the applicant

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Arb.Request No.6/2017.

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reads thus:

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“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:

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(i) Upon the arrival of a dispute, if any, the contractor shall have the right to call for arbitration with a written letter in this regard. The arbitrator shall be appointed as per the jurisdiction of law.

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(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. The said date shall not exceed 7 days from the date of appointment of an arbitrator as aforementioned.

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(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.”

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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.

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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

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Arb.Request No.6/2017.

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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.

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

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Kvs/-

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// true copy //

Silpa Projects and Infrastructure (I) Pvt. Limited v. M/S.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. M/S.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

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