Allowed

Viskan Logistics Services Private Limited v. The General Manager Southern Railway

Madras HC17 Dec 2024Arb O.P(COM.DIV.)/451/2024

Case brief

AI extract

What is this about?

This Court allowed an application under Section 11 of the Arbitration and Conciliation Act seeking appointment of an arbitrator. Both parties suggested the same retired judge. The Court appointed Mr. V. Bharathidasan as sole arbitrator to resolve the dispute arising from an agreement dated 26.03.2021, directing him to decide within six months. Fees are governed by Schedule-IV.

What did the court decide?

Appointment of Mr. V. Bharathidasan as sole Arbitrator to resolve the dispute between the parties within six months.

Viskan Logistics Services Private Limited Vs The General Manager… — Arbitration | Madras HC (2024)

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Arb.O.P(COM.DIV).No.451 of 2024

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Arb O.P(COM.DIV.) NO. 451 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-12-2024

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CORAM

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THE HONOURABLE MR JUSTICE P.B. BALAJI Arb O.P(COM.DIV.) NO. 451 of 2024

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Viskan Logistics Services Private Limited Rep By Its Managing Director Mr.Viswam Subra Manimaran,No 2, 3rd And 4th Floor 1st Main Road,Muneshwara Block Mahalakshmi Layout,Bangalore-560086

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Appellant(s)

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Vs The General Manager Southern Railway Chennai-600003 and 2 Others

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Respondent(s)

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PRAYER : Arbitration Original Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint a Retired High Court Judge as Arbitrator to resolve the dispute arising out of the agreement dated 26.03.2021, between the petitioner and the respondents.

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For Appellant(s):

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M/s.M.Santhana Raman

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For Respondent(s):

Dr.G.Babu

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

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Arb.O.P(COM.DIV).No.451 of 2024

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O R D E R

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This Arbitration Original Petition has been filed under Section

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11(6) of the Arbitration and Conciliation Act, 1996, to appoint a Retired High Court Judge as Arbitrator to resolve the dispute arising out of the agreement dated 26.03.2021, between the petitioner and the respondents.

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2.Both the learned counsel for the petitioner as well as the

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respondents suggest Mr.V.Bharathidasan, learned Judge (Retd) of this Court as sole arbitrator.

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3.On going through the averments in the petition and also the

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supporting documents, it is clear that the parties have agreed to resort to arbitration proceedings in the event of any disputes arising between them. Hence, there is no impediment for appointment of arbitrator as prayed for by the learned counsel for the petitioner.

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4.The present Original Petition has been filed under Section 11

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for appointment of the sole Arbitrator invoking the above referred Clause

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

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Arb.O.P(COM.DIV).No.451 of 2024

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31 in the assignment agreement. Accordingly, this Court is inclined to appoint a sole Arbitrator viz, this Court appoints Mr.V.Bharathidasan, learned Judge (Retd) of this Court , No.22, (L.45), 2nd Main Road, Kamaraj Nagar, Thiruvanmiyur, Chennai - 600 041, Mobile No. 94443 83139, 94455 00224 , as sole Arbitrator to go into the disputes between the parties and attempt to amicably resolve the same. The sole Arbitrator is directed to enter upon reference and adjudicate the dispute in accordance with law.

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The learned Arbitrator is entitled to fix his fees as per the Schedule-IV to the Act. This Court further requests the learned Arbitrator to endeavor to decide the dispute as expeditiously as possible, however, not later than six (6) months from the date of his entering into reference.

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Accordingly, this Arbitration Original Petition is allowed.

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17-12-2024

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nvi

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Arb.O.P(COM.DIV).No.451 of 2024

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Arb O.P(COM.DIV.) NO. 451 of 2024

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The General Manager Southern Railway Chennai-600003

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The Senior Divisional Commercial Manager The Senior Divisional Commercial Manager, Southern Railway, Salem636005

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The Senior Divisional Finance Manager The Senior Divisional Finance Manager, Southern Railway, Divisional Office, Commercial Branch, Salem-636005

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Arb.O.P(COM.DIV).No.451 of 2024

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P.B.BALAJI,J.,

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nvi

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Arb O.P(COM.DIV.) NO. 451 of 2024

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17.12.2024

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Viskan Logistics Services Private Limited v. The General Manager Southern Railway

Case brief

What is this about?

What did the court decide?

Viskan Logistics Services Private Limited v. The General Manager Southern Railway

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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