The Single Judge appointed Mr. Justice R.S. Ramanathan as the Sole Arbitrator to adjudicate disputes under an agreement. The petitions were allowed with parties bearing their own costs.
Appointment of Mr. Justice R.S. Ramanathan as Sole Arbitrator to adjudicate disputes under Agreement No: 27/DY.CE/CN/MAS/2011 dated 13.05.2011.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 11.07.2017
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
O.P. No.24 of 2017
M/s. Unique Builders,
Rep by its Managing Partner Mr.P.Nallasamy, Son of Mr.Periyanna Gounder, No.1369, Fifth Street, Golden Colony, Padi, Chennai – 600 050. .. Petitioner -vs-
1.The Union of India,
Represented by the General Manager,
Southern Railway, Park Town, Chennai – 3.
Prayer: Petition filed under Section 11 of the Arbitration & Conciliation Act, 1996 to appoint an independent Arbitrator to arbitrate all the disputes and claims arising out of the Agreement No: 27/Dy.CE/CN/MAS/2011 dated 13/05/2011 between the parties and to direct the respondents to pay the cost of the Petition.
For Petitioner : Mr.Amalaraj S.Penikilapatti
For Respondents : Mr.P.T.Ramkumar
2
O R D E R
This petition seeks appointment of a Sole Arbitrator to resolve the disputes between the petitioner and respondent arising out of Agreement dated 13.05.2011 in No: 27/DY.CE/CN/MAS/2011.
2.When the matter is called for hearing today, learned counsel would agree on both the existance of an Arbitration clause as well as disputes inter se the parties that call for resolution and suggest that Mr.Justice.R.S.Ramanathan, be appointed as Sole Arbitrator.
3.I, thus, appoint Mr.Justice.R.S.Ramanathan, retired Judge of this Court, residing at “ Parijatham”, Old No. 4B2, New No.15, Rajagopalan Street, Valmiki Nagar, Tiruvanmiyur, Chennai – 600 041, (Mobile No.9444222391) as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties. The learned Arbitrator may, after issuing notice to the parties and upon hearing them, endevour to 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
3
theMadras High Court Arbitration Rules.
parties to bear their own costs.
11.07.2017
msv
4
Dr.ANITA SUMANTH,J.
msv
O.P. No.24 of 2017
11.07.2017
1 issue framed by the court
Whether a Sole Arbitrator ought to be appointed to resolve disputes arising out of the Agreement dated 13.05.2011 between the parties.
2 provisions across 2 enactments
M/s. Unique Builders
The Union of India, Represented by the General Manager, Southern Railway
The Deputy Chief Engineer, Construction, Southern Railway
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
