The High Court allowed a petition seeking appointment of a Sole Arbitrator under the Arbitration & Conciliation Act, 1996. The court appointed a retired judge as the arbitrator upon the parties' consent.
Appointment of Mr. Justice M. Jaichandren as the Sole Arbitrator to adjudicate disputes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 11.07.2017
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
O.P. No.136 of 2017
M/s.M.R.C & K.R. (JV), Represented by its Lead Partner Mr.M.R.Chandrasekaran .. Petitioner
-vs-
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Prayer: Petition filed under Sections 14 and 15 R/W-11 of the Arbitration & Conciliation Act, 1996 to terminate the mandate of the Arbitrators (i.e. the respondents 4 to 6) and appoint an independent Arbitrator to arbitrate all the claims arising out of the Contract in the Letter of Acceptance No: W/496/TTN/274/CN (7391) dated 18/10/2010 and direct the respondents to pay the cost of the Petition.
For Petitioner : Mr.Amalaraj S.Penikilapatti
For Respondents : Mr.P.T.Ramkumar
O R D E R
This petition seeks appointment of a Sole Arbitrator to resolve
the disputes between the petitioner and respondent.
Arbitration or the existence of disputes inter se and would suggest the appointment of a Sole Arbitrator in accordance with Article 64(2)(a)(i) of the Agreement between parties.
Judge of this Court, No.422, South II Main Road, Sri Kabaleeshwarar Nagar,Neelangarai,Chennai-600 115, as the Sole Arbitrator to enter uponreference and adjudicate the disputes inter se the parties.
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The learned Arbitrator may, after issuing notice to the parties and upon hearing them, pass an award preferably within a period of six months from the date of receipt of this order. The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses. The proceedings may be conducted under the aegis of the Madras High Court Arbitration Centre and in accordance with the Madras High
Court Arbitration Rules.
4.The Original Petition is, accordingly, allowed, leaving the
parties to bear their own costs.
11.07.2017
msv
4
Dr.ANITA SUMANTH,J.
msv
O.P. No.136 of 2017
11.07.2017
1 issue framed by the court
Whether to appoint a Sole Arbitrator to resolve disputes between the petitioner and respondent upon their consent.
2 provisions across 2 enactments
M.s.M.R.C & K.R. (JV)
Union of India
Chief Engineer/Construction
Deputy Chief Engineer
Selvaraj
Sunanda Arul
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
