Allowed

M.R.Anandan v. Southern Railways

Madras HC16 Jun 2017OP/235/2017

Case brief

AI extract

What is this about?

This order allowed an original petition under Section 11 of the Arbitration and Conciliation Act, 1996, appointing the General Manager of Southern Railways to nominate a sole arbitrator to adjudicate disputes arising from a maintenance contract.

What did the court decide?

Arbitrator appointed to adjudicate disputes pursuant to the contract dated 18.3.2015; General Manager directed to nominate arbitrator within two weeks.

M.R.Anandan Vs Southern Railways — Arbitration | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.06.2017

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CORAM

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THE HONOURABLE DR. JUSTICE ANITA SUMANTH

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O.P.NO.235 OF 2017

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M.R. Anandan Proprietor

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M/s Hi-Tech Diesel Services, No.21, Melapadugai, Nalalthur Post,

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Nedungadu Commune Panchayat, Karaikal .... Petitioner

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Southern Railways, represented by its General Manager, G.M. Office, General Branch 1st Floor, NGO Main Building, Park Town, Chennai 600 003 .... Respondent

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Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator to arbitrate upon the disputes between the petitioner and the respondent.

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for Petitioner : Mr. N.V. Prasanna for M/s.Sai, Bharath and Ilan for Respondent : Mr.P.T.Ramkumar Standing Counsel for Railways

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ORDER

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http://www.judis.nic.in

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This Original Petition is filed seeking an appointment of Arbitrator in terms of Section 11 of the Arbitration and Conciliation Act 1996 to resolve the disputes arising between the parties pursuant to contract (letter of acceptance) dated 18.3.2015 for the purpose of annual maintenance of diesel run Generator set in signaling Department in TPJ Division.

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Article 39-2 of the Contract between parties provides

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for Arbitration by a sole Arbitrator of the rank of General Manager or Railway Gazetted Officer not below the grade of JA to be

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nominated by the General Manager.

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Upon consent of parties and in accordance with clause 39.4.1 of Contract dated 18.3.2015, the General Manager of the

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Southern Railways shall nominate an Arbitrator, who shall enter reference upon the matter and adjudicate upon the disputes, inter se the parties. The nomination of the Arbitrator by the General Manager shall be made within a period of two weeks from the date

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of receipt of a copy of this order. The proceedings for arbitration shall be conducted expeditiously and the Arbitrator is at liberty to fix his remuneration and schedule of expenses.

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http://www.judis.nic.in

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The Original Petition is accordingly allowed in the

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above terms. No costs.

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16.06.2017
Index:Yes/No
msr

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DR.ANITA SUMANTH, J.

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http://www.judis.nic.in

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msr

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O.P.NO.235 OF 2017
16.06.2017

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http://www.judis.nic.in

M.R.Anandan v. Southern Railways

Case brief

What is this about?

What did the court decide?

M.R.Anandan v. Southern Railways

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

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