The High Court allowed a petition filed under Section 11(5) of the Arbitration Act to appoint three arbitrators from a list provided by the respondents to adjudicate disputes arising from a terminated construction contract.
Appointment of three arbitrators (Shri K.J.S. Naidu, Shri S.Muralidharan, Shri Arun Bhagra) to form the Arbitral Tribunal.
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.
O.P. No.581 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.08.2019
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
O.P. No.581 of 2019
and A.No.5285 of 2019
M/s.Sanwariya Groups,
Rep by its Partner Mr.S.N.Sathish Kumar, No.40/D, 5th Main, Yadavagiri, Mysore, Karnataka – 570 020. .. Petitioner
-vs-
Prayer: Petition filed under Section 11(5) of the Arbitration & Conciliation Act, 1996 to appoint an independent Arbitrator and refer all the claims arising out of the Agreement No.31/Dy.CE/CN/I/MDU/AIC/2017 dated 23.01.2017 to Arbitration.
O.P. No.581 of 2019
For Petitioner : Mr.Amalaraj S.Penikilapatti For Respondents : Mr.P.T.Ramkumar Standing counsel for Railways
O R D E R
This petition seeks to appoint an independent Arbitrator and
refer all the claims arising out of the Agreement No.31/Dy.CE/CN/I/MDU/AIC/2017 dated 23.01.2017 to Arbitration.
open tenders/bids for the work of "Proposed new BG Line between Madurai and Tuticorin (via) Aruppukottai – Milavittan – Melmarudur Section – Construction of Minor Bridges of various spans with PSC/RCC boxes including protective works etc. from CH: 14000 to CH: 18700". The petitioner succeeded in the above tender and the respondents awarded the contract to the petitioner. Subsequently, the Form of Agreement No.31/Dy.CE/CN/I/MDU/AIC/2017 dated 23.01.2017 was executed. The said contract works were originally stipulated to be completed on or before 03.05.2017. Due to the non-completion of the
Land Acquisition Proceedings by the railways and also other lapses attributable to the Railways, the petitioner suffered severe losses and also could not complete the work. Thereafter, the respondents issued
O.P. No.581 of 2019
Termination Notice dated 26.03.2019. In spite of repeated requests of the petitioner to revoke the termination notice dated 26.03.2019, the respondents failed to revoke the same. Hence, the petitioner sent a notice dated 22.04.2019 to the respondents requesting to appoint an independent arbitrator and to refer all the claims and disputes to arbitration. As there was no response, the present petition has been
filed.
agreed for appointment of the arbitrator out of the list furnished by the respondents vide letter No.G.16/DGM/ARB/CN/453 dated 02.08.2019. Both the counsels agreeable for appointing any of the three officers from the list. Accordingly, the following officers are appointed as Arbitrators to constitute the Arbitral Tribunal :
adjudicate the disputes inter se the parties. The Arbitral Tribunal may, after issuing notice to the parties and upon hearing them, pass an
O.P. No.581 of 2019
PUSHPA SATHYANARAYANA, J.
rsi
award as expeditiously as possible, preferably within a period of six months from the date of receipt of the order. The learned Arbitrators are at liberty to fix their remuneration and other incidental expenses.
the completion of the arbitral proceedings.
08.08.2019
rsi
O.P.No.581 of 2019 and A.No.5285 of 2019
1 issue framed by the court
Whether to appoint an independent arbitrator under Section 11(5) of the Arbitration & Conciliation Act, 1996.
1 provisions across 1 enactments
M/s. Sanwariya Groups
The Union of India
Pushpa Sathyanarayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
