Disposed

Varindera Constructions Limited v. Military Engineer Services

Kerala HC13 Mar 2024AR/44/2024

Case brief

AI extract

What is this about?

Application for appointment of an arbitrator for construction contract disputes between the petitioner and Military Engineer Services. With consent, the court nominated Sri. Sorabh Mathur as sole arbitrator, directed disclosure under Sections 11(8) and 12(1), and applied the Fourth Schedule fee regime.

What did the court decide?

Appointment of Sri. Sorabh Mathur as sole arbitrator; disclosure statement to be obtained before certified copy released.

Varindera Constructions Limited Vs Military Engineer Services — Arbitration | Kerala HC (2024)

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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 T.R.RAVI

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WEDNESDAY, THE 13TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945

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AR NO. 44 OF 2024

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PETITIONER:

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VARINDERA CONSTRUCTIONS LIMITED
408-409, SUNEJA TOWER-4, DISTRICT CENTRE, JANAK PURI,
NEW DELHI REPRESENTED BY ITS MANAGING DIRECTOR,
PIN – 110058.

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BY ADVS.
DEEPU THANKAN
UMMUL FIDA
LAKSHMI SREEDHAR
LEKSHMI P. NAIR
NAMITHA K.M.
VINEETHA BOSE

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RESPONDENTS:

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1MILITARY ENGINEER SERVICES
NAVAL BASE P.O., KOCHI REPRESENTED BY HQ CHIEF
ENGINEER (NW), PIN – 682004.

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2ENGINEER -IN-CHIEF,
ARMY HQ, INTEGRATED HQ OF MOD, KASHMIR HOUSE, RAJAI
MARG, NEW DELHI, PIN – 110011.

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BY ADV C.DINESH

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THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON
13.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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AR NO. 44 OF 2024

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T.R.RAVI, J .

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---------------------------------------------

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AR No.44 of 2024

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------------------------------------------------------ Dated this the 13^th day of March, 2024.

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O R D E R

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This application is for appointment of an Arbitrator for deciding on the disputes between the parties. The Ministry of Defence has constituted a Panel of Arbitrators as per order dated 07.02.2022, which has been placed before me. The said list is a list of Arbitrators for Military Engineering Services and other Departments under the Ministry of Defence for a period of three years. The petitioner and respondents are agreeable to the appointment of Sri.Sorabh Mathur, Joint Director General, MES as Arbitrator. In the above circumstances, the following orders are passed:

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(a) I nominate Sri.Sorabh Mathur, Retd CE (MES), Flat No.A201, Melodia, Kuber Complex, Gandhi Path, Vaishali Nagar, Jaipur-302 021, as the sole Arbitrator to adjudicate and resolve the disputes and differences between the parties to this case.

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AR NO. 44 OF 2024

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(b) The Registry is directed to communicate a copy of this order to the learned Arbitrator, within a period of two weeks from today and to obtain a Statement of Disclosure from him under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996.

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(c) Once the Disclosure Statement is obtained from the learned Arbitrator, the Registry shall release the certifed copy of this i order, with a copy of the said statement appended to it, retaining the original of the same on the fles of this case. i

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(d) The fees of the Arbitrator shall be governed by the Fourth schedule to the Arbitration and Conciliation Act, 1996.

Sd/-

T.R.RAVI

JUDGE

mpm

AR NO. 44 OF 2024

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APPENDIX OF AR 44/2024

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PETITIONER’S ANNEXURES

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Annexure ATRUE COPY OF THE LETTER OF ACCEPTANCE OF
TENDER DATED 24/11/2017.
Annexure BTRUE COPY OF THE GENERAL CONDITIONS OF
CONTRACTS (IAFW 2249) FOR LUMP SUM
CONTRACTS DATED NIL.
Annexure CTRUE COPY OF THE COMPLETION CERTIFICATE
ISSUED BY THE FIRST RESPONDENT DATED
17/01/2023.
Annexure DTRUE COPY OF THE FINAL BILL SUBMITTED BY
THE PETITIONER DATED 13/10/2023.
Annexure ETRUE COPY OF THE NOTICE DATED 26/12/2023.
Annexure FTRUE COPY OF THE REQUEST FOR APPOINTMENT
OF ARBITRATOR DATED 26/12/2023.
Annexure GTRUE COPY OF THE COMMUNICATION ALONG WITH
THE DRAFT OF THE AGREEMENT DATED
23/01/24.

Varindera Constructions Limited v. Military Engineer Services

Case brief

What is this about?

What did the court decide?

Varindera Constructions Limited v. Military Engineer Services

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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