The Madurai Bench fixed the venue of arbitration at Madurai, barred the arbitrator from changing it under Section 20, permitted virtual hearings via video conferencing due to the pandemic, and extended the arbitration timeline by six months.
Venue fixed at Madurai; video conferencing permitted; time extended by 6 months.
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.
CMP(MD). No.1865 of 2021 in CRP(MD).No.1822 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Monday, the Fifteenth day of March Two Thousand and Twenty One PRESENT
The Hon'ble Mr.Justice R.SUBRAMANIAN CMP(MD). No.1865 of 2021 in CRP(MD).No.1822 of 2011
1 The General Manager, Northern Railway, Baroda House, New Delhi.
...Petitioner/Respondent
Vs
The Metal Powder Company Limited, Rep. by its Secretary Having Administrative Office and Factory at Maravankulam, Tirumangalam - 626 709, Madurai District. ...Respondent/Petitioner
Prayer in CMP(MD). No.1865 of 2021:-
Civil Miscellaneous Petition is filed under section 148 of Civil procedure Code, praying this Hon'ble Court to grant Extension of time of the operation of Order passed by this Honourable Court in C.R.P.(MD).No.1822 of 2011 dated 10.01.2020 and consequently permit the Sole Arbitrator to conduct the Arbitration Proceeding through Video Conferencing.
Prayer in CRP(MD).No.1822 of 2011 :
Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the proceedings in No.4AKSS/ARB/Metal Powder/17, dated 15.07.2011 on the file of the A.K.S.Shaiwal, Sole Arbitrator and Chief General Engineer / HJP, O/o the General Manager(Engg), East Central Railway, Hajipur, Bihar.
ORDER:-
Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.N.Mohideen Basha, Advocate for the Petitioner and of Mr.M.Saravanan, Advocate for the respondent, this Court made the following order:
By order dated 10.01.2020 made in CRP(MD)No.1822 of 2011, I had directed arbitration to be completed within a period of 12 weeks from the date of appointment of an Arbitrator. Since pandemic broke out, there had been some delay. It is also seen that there is some misconception regarding the venue of arbitration on the part of https://hcservices.ecourts.gov.in/hcservices/ the sole Arbitrator appointed by the Railways which is projected by
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CMP(MD). No.1865 of 2021 in CRP(MD).No.1822 of 2011
the petitioner in the Civil Revision Petition as a ground to have the Arbitrator dislodged.
Sd/-
Assistant Registrar(AS)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
To
1 Mr.K.Rama Subramania Pillai, IRAS (Retd.), flat No.G4, Morning Rose, Victoria Garden, No.1, IAF Station Road, Tambaram – East, Chennai 600 059, Tamil Nadu, E-Mail: [email protected]
+1cc to Mr.R.Subramanian, Advocate SR No.11296
CMP(MD). No.1865 of 2021 in CRP(MD).No.1822 of 2011
NS(CO)
TR(07.04.2021) 2P 3C
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3 issues framed by the court
Whether the arbitrator can conduct proceedings via video conferencing due to the pandemic.
Whether the venue of arbitration fixed by the court can be changed by the arbitrator under Section 20 of the Arbitration Act.
Whether the time granted for completion of arbitration proceedings should be extended.
3 provisions across 3 enactments
The General Manager, Northern Railway
A.K.S.Shaiwal
The Metal Powder Company Limited
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
