Allowed

Elangovan M v. Government of Puducherry

Madras HC6 Sept 2024Arb O.P(COM.DIV.)/315/2024

Case brief

AI extract

What is this about?

Section 11(6) arbitration petition seeking appointment of a Sole Arbitrator for disputes under a works agreement with the Puducherry PWD. Respondents consented; the court appointed a former Judge of the Madras High Court as Sole Arbitrator and ordered the petition.

What did the court decide?

Sole Arbitrator appointed to enter upon the dispute between the petitioner and respondents; fees per Schedule-IV of the Act.

Elangovan M Vs Government of Puducherry — Public Procurement and Tenders | Madras HC (2024)

¶1

Arb.O.P.(Comm.Div.) No. 315 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 06.09.2024

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

¶6

Arb.O.P.(Comm.Div.) No. 315 of 2024

M.Elangovan

… Petitioner

-vs-

1.Government of Puducherry, Rep. By its Secretary, Public Works Department, Puducherry- 605 001.

¶11

2.The Chief Engineer, Public Works Department, Government of Puducherry, Central Office, Puducherry- 605 001.

¶12

3.Superintending Engineer, Circle-03, Public Works Department, Government of Puducherry, Karaikal-609 602.

¶13

4.The Executive Engineer, Buildings and Road Division, Public Works Department, Karaikal- 609 602. ...Respondents

¶14

PRAYER: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator for settlement of the dispute with the petitioner and respondents of the Chief

¶15

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

¶16

Page No:1/4

¶17

Arb.O.P.(Comm.Div.) No. 315 of 2024

¶18

Engineer, Public Works Department, Government of Puducherry, and Executive Engineer, Buildings and Road Division, Public Works Department for the settlement of the Petitioner's claims amounting to Rs.19,17,17,855/and to award the cost of the petition.

¶19

For Petitioner : Ms.P.Keerthi Varman

¶20

For Respondents : Mr.V.Vasantha Kumar

¶21

O R D E R

¶22

This Arbitration Original Petition has been filed under Section 11(6)

¶23

of the Arbitration and Conciliation Act, 1996 (hereinafter called as 'the Act') to appoint an Arbitrator in respect of the dispute that has arisen out of an Agreement No.175/B&R/K/2015-16 dated 06.08.2015 that had been entered upon between the petitioner and the respondents.

¶24

When the matter is taken up for hearing, the learned Special Government Pleader consented for the application to be allowed. He had also produced a list of Arbitrators and would submit that he would have no objection to appoint any one of the Arbitrator indicated in the list to be appointed as Arbitrator. The said list was also served upon the learned counsel for the petitioner and the learned counsel for the petitioner had suggested the name of the Hon'ble Mr.Justice.K.Kalyanasundaram,

¶25

Former Judge, Madras High Court to be appointed as an Abitrator. In https://www.mhc.tn.gov.in/judis

¶26

Page No:2/4

¶27

Arb.O.P.(Comm.Div.) No. 315 of 2024

¶28

view of the consent given by the respective parties, this Court appoints

¶29

Hon'ble Mr.Justice.K.Kalyanasundaram, Former Judge, Madras High Court, residing at Plot No.406, 5^th South Cross Street, Kapaleeswarar

¶30

Nagar, Neelankarai, Chennai- 600 115 as Sole Arbitrator to enter upon the dispute between the petitioner and the respondents.

¶31

The learned Sole Arbitrator is entitled to fix his fees as per the Schedule-IV to the Act. This Court further requests the learned Sole Arbitrator to endeavour to decide the dispute as expeditiously as possible.

¶32

Accordingly, this Arbitration Original Petition is ordered.

¶33

06.09.2024

¶34

Index :Yes/No Speaking Order/ Non-Speaking Order tsh

¶35

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

¶36

Page No:3/4

¶37

Arb.O.P.(Comm.Div.) No. 315 of 2024

¶38

K.KUMARESH BABU, J.

¶39

tsh

¶40

Arb.O.P. (Com.Div.) No.315 of 2024

¶41

06.09.2024

¶42

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

¶43

Page No:4/4

Elangovan M v. Government of Puducherry

Case brief

What is this about?

What did the court decide?

Elangovan M v. Government of Puducherry

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

Similar cases

Cholamandalam Investment And Finance Co. Ltd. Vs Rakesh Rathore

Cholamandalam Investment And Finance Co. Ltd. Vs Samuvel Raj G and another

Laqshya Media Limited Vs The Commissioner

Scm Silks Private Limited Vs nil

Kondala Rao Balusu Vs Prodapt Solutions Pvt. Ltd.

M.M.Gupta Vs M/S Maars Software International Ltd.