Allowed

M/s.Asr Dredging Services v. M/s.Krishna Dredging Company

Madras HC27 Mar 2018OP/844/2017

Case brief

AI extract

What is this about?

The Single Judge of the Madras High Court, under Section 11(6)(b) of the Arbitration & Conciliation Act, 1996, appointed a retired Chief Justice as the Presiding Arbitrator for a dispute between the petitioner and respondent, noting the respondent's nominee had not responded. Appeal allowed.

What did the court decide?

Appointment of Mr. Justice N. Paul Vasanthakumar, retired Chief Justice as Presiding Arbitrator.

M/s.Asr Dredging Services Vs M/s.Krishna Dredging Company — Arbitration | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 27.03.2018

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CORAM

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH

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O.P. No.844 of 2017

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M/s.ASR Dredging Services Pvt. Ltd No.7C, Oriental Gardens, South Tower Krugappally Jn., Desabhimani Road, Kaloor, Kochi – 682 026. .. Petitioner -vs-

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M/s.Krishna Dredging Company Pvt. Ltd. H-No.8-2-293/82/A/379 & 379/A, 2^nd Floor, Plot No.379, Jubilee Hills, Road No.10, Hyderabad – 500 033.

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.. Respondent

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Prayer: Petition filed under Section 11(6) (b) of the Arbitration & Conciliation Act, 1996 to appoint an independent and impartial Arbitrator as the Presiding Arbitrator to adjudicate upon the differences and disputes between the parties in terms of the Contract dated 24.09.2012.

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For Petitioner : Mr.K.M.D.Muhilan for Mr.R.Parthasarathy For Respondent : Mr.S.Shyam Kumar

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O R D E R

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This petition seeks for an appointment of an independent and impartial

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Arbitrator as the Presiding Arbitrator to adjudicate upon the differences and

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http://www.judis.nic.in

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disputes between the parties arising out of Contract dated 24.09.2012.

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Both learned counsel concur on the position that a Presiding

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Arbitrator is liable to be appointed by this Court in terms of the Arbitration Agreement, being clause 28 of the contract dated 24.09.2012. However, though a Presiding Arbitrator has been suggested by

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Mr.Justice.K.Govindarajan, the petitioners' nominee, there has been no response in this regard from the nominee of the respondent, Mr.V.Chandrasekar, Advocate.

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In this light of the same, this Court proceeds to appoint a Presiding Arbitrator to constitute the Arbitral Tribunal.

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I, thus, appoint Mr.Justice N.Paul Vasanthakumar, retired Chief

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Justice as the Presiding Arbitrator to constitute the Arbitral Tribunal. The learned Tribunal may enter upon reference in the matter and is requested to, after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible. The learned Tribunal is at liberty to fix their remuneration and schedule of incidental expenses.

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5.The Original Petition is, accordingly, allowed, leaving the parties to bear their own costs.

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rkp/sl

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Mr.Justice N.Paul Vasanthakumar,

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Retired Chief Justice,

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http://www.judis.nic.in

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“ASHIRVADH”, No.24-A, II Street, Kamaraj Avenue, Adayar, Chennai -600 020. Tel.Nos. 044-24452817, 044-24454381.

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Dr. ANITA SUMANTH, J.

rkp/sl

O.P. No.844 of 2017

27.03.2018

http://www.judis.nic.in

M/s.Asr Dredging Services v. M/s.Krishna Dredging Company

Case brief

What is this about?

What did the court decide?

M/s.Asr Dredging Services v. M/s.Krishna Dredging Company

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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