Disposed

P.C.Thomas and Co., v. the Chief Engineer Sz Iii(Erstwhile) Central Public Works Department

Kerala HC5 Dec 2019AR/41/2019

Case brief

AI extract

What is this about?

This court, on agreement of counsels, appointed Sri.K.Balakrishnan as a provisional arbitrator for a contractual dispute. Registry directed to obtain disclosure from arbitrator under Section 11(8) of Arbitration and Conciliation Act.

What did the court decide?

Appointment of Sri.K.Balakrishnan as provisional arbitrator; Registry to obtain disclosure statement under Section 11(8).

P.C.Thomas and Co., Vs the Chief Engineer Sz Iii(Erstwhile)… — Arbitration | Kerala HC (2019)

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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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THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941

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AR.No.41 OF 2019

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APPLICANT :

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M/S.P.C.THOMAS AND CO., PUTHUSSERY HOUSE, MAMANGALAM, PALARIVATTOM, KOCHI-682025, REPRESENTED BY ITS PARTNER, PAUL THOMAS.

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BY ADVS. SRI.K.L.VARGHESE (SR.) SMT.SANTHA VARGHESE SRI.RAHUL VARGHESE SRI.RANJITH VARGHESE

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RESPONDENT/S:

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1 THE CHIEF ENGINEER SZ III(ERSTWHILE) CENTRAL PUBLIC WORKS DEPARTMENT, KENDRIYA SADAN, KORAMANGALA, BANGALORE-560034. PRESENTLY, THE CHIEF ENGINEER SZ V, CPWD, CGO'S COMPLEX, POONKUNAM, VELLAYANI.P.O, TRIVANDRUM-695022. 2 THE SUPERINTENDING ENGINEER, CPWD,TRIVANDRUM CENTRAL CIRCLE, CGO'S COMPLEX,POONKULAM,VELLAYANI.P.O, TRIVANDRUM-695022.

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3 THE EXECUTIVE ENGINEER, CPWD, THRISSUR CENTRAL DIVISION, MUNDESSERY MEMORIAL BUILDING, CHEMBUKAVU, TRICHUR-680020.

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R1-3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

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THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 05.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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AR.No.41 OF 2019

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Arbitration Request No.41 of 2019

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ORDER

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As agreed to by the learned counsel for the parties on either side, Sri.K.Balakrishnan, 896-B, Maxworth Nagar, Sunambu Kolathur, Kovilampakkam, Chennai-600129 is appointed provisionally as the Arbitrator to resolve the dispute between the parties. The registry is directed to obtain disclosure statement under Section 11(8) of the Arbitration and Conciliation Act, 1996 from the Arbitrator and place the matter before the court for confirmation of the appointment of the Arbitrator. The registry shall retain the original of the disclosure statement and append a copy of the same to the order.

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Sd/-

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P.B.SURESH KUMAR JUDGE

rkj

AR.No.41 OF 2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	TRUE COPY DT.27.04.2 TO THE APP	OF THE LETTER OF ACCEPTANCE 011 ISSUED BY THE 3RD RESPONDENT LICANT
ANNEXURE A2	TRUE EXTRA NO.25 OF T GENERAL CO	CT OF THE ARBITRATION CLAUSE HE CLAUSES OF CONTRACT UNDER THE NDITIONS OF CONTRACT.
ANNEXURE A3	TRUE COPY ISSUED BY RESPONDENT	OF THE LETTER DT.18.09.2017 THE APPLICANT TO THE 3RD .
ANNEXURE A4	TRUE COPY ISSUED BY RESPONDENT	OF THE LETTER DT.09.05.2018 THE APPLICANT TO THE 3RD .
ANNEXURE A5	TRUE COPY RIGHT TO I LETTER DT.	OF THE LETTER OBTAINED UNDER NFORMATION ACT UNDER COVER OF 27.09.18.
ANNEXURE A6	TRUE COPY (WITHOUT E TO THE 2ND	OF THE LETTER DT.18.09.2018 NCLOSURES)ISSUED BY THE APPLICANT RESPONDENT
ANNEXURE A7	TRUE COPY ISSUED BY RESPONDENT	OF THE LETTER DT.31.10.2018 THE APPLICANT TO THE 1ST .
ANNEXURE A8	TRUE COPY ISSUED BY RESPONDENT	OF THE LETTER DT.06.12.2018 THE APPLICANT TO THE 1ST .
ANNEXURE A9	TRUE COPY ISSUED BY APPLICANT.	OF THE LETTER DT.15.12.2018 THE 3RD RESPONDENT TO THE
ANNEXURE A10	TRUE COPY ISSUED BY RESPONDENT	OF THE LETTER DT.20.12.2018 THE APPLICANT TO THE 3RD .

P.C.Thomas and Co., v. the Chief Engineer Sz Iii(Erstwhile) Central Public Works Department

Case brief

What is this about?

What did the court decide?

P.C.Thomas and Co., v. the Chief Engineer Sz Iii(Erstwhile) Central Public Works Department

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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