Allowed

The Military Engineering Service Chief Engineer(Af) Bengaluru, v. The Surface Tech (India) Pvt. Ltd., Rep.by its Managing Director, a.K.Thakur

Madras HC3 Aug 2023A/1750/2023

Case brief

AI extract

What is this about?

The court appointed a new sole arbitrator to resolve the inter-se dispute between the parties. It directed the arbitrator to conclude proceedings expeditiously within twelve months under Section 29-A and fixed fee bearing rules, noting the provision for future reliefs under Section 17.

What did the court decide?

Appointment of Shri.Raghunath Prasad Tripathi as sole Arbitrator; directed to complete proceedings within twelve months; fee to be borne equally.

The Military Engineering Service Chief Engineer(Af) Bengaluru, Vs… — Arbitration | Madras HC (2023)

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Application No.1750 of 2023

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Application No.1750 of 2023 in O.P.No.854 of 2019

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C.SARAVANAN, J.

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Despite notice being served on the respondent, there is no representation on behalf of the respondent.

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This application has been filed for substituting the name of the arbitrator appointed by this Court vide order dated 18.02.2020. By the aforesaid order, Mr.Shri.Baljit Singh, ADG (Arbitrator), SPA, Chandigarh was appointed as an Arbitrator from the names in the printed list of panel for arbitrator for the respondent. The respondent is from Goa. The applicant has filed a copy of the communication of the Government giving a list of panel arbitrators.

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Considering the above, Court is inclined to appoint Shri.Raghunath Prasad Tripathi, ADG, MES, as the sole Arbitrator to enter upon reference and adjudicate / resolve the inter se dispute between the parties.

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https://www.mhc.tn.gov.in/judis

¶8

Application No.1750 of 2023

¶9

(ii) The learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, endeavour to complete the arbitral proceedings and pass an award strictly in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as expeditiously as possible, preferably within a period of twelve months after the date of completion of pleadings under Sub-Section 4 to Section 23 as is contemplated in Section 29-A of the Arbitration and Conciliation Act, 1996, without getting influenced by any of the observations made by this Court in this order.

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(iii) The learned Arbitrator appointed herein shall be paid fees and

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other incidental charges as may be fixed with the consent of parties or in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and the same shall be borne by the parties equally. In case, the respondents remain ex parte , the petitioner shall pay the entire fee and other incidental charges to the Arbitrator and later recover the same from the respondent.

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https://www.mhc.tn.gov.in/judis

¶13

Application No.1750 of 2023

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This Application is allowed with the above observations,

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leaving the parties to bear their own costs.

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Since the Court has appointed an Arbitrator, it is open to the

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petitioner as well as the respondents to seek other reliefs under Section

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17 of the Arbitration and Conciliation Act, 1996, before the learned

Arbitrator.

12.10.2023

jas

https://www.mhc.tn.gov.in/judis

¶23

Application No.1750 of 2023

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C.SARAVANAN, J.

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jas

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Application No.1750 of 2023 in O.P.No.854 of 2019

¶27

12.10.2023

¶28

https://www.mhc.tn.gov.in/judis

The Military Engineering Service Chief Engineer(Af) Bengaluru, v. The Surface Tech (India) Pvt. Ltd., Rep.by its Managing Director, a.K.Thakur

Case brief

What is this about?

What did the court decide?

The Military Engineering Service Chief Engineer(Af) Bengaluru, v. The Surface Tech (India) Pvt. Ltd., Rep.by its Managing Director, a.K.Thakur

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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