Kerala High Court
Antech-Prl (Jv) Represented By ... vs State Of Kerala Represented By The ... on 25 August, 2025
2025:KER:65891
AR NO. 127 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
AR NO. 127 OF 2025
PETITIONER(S):
ANTECH-PRL (JV), REPRESENTED BY AUTHORISED SIGNATORY,
ANISH MARKOSE
ROOM NO. 433, OMBALAYIL BUILDINGS, KOLENCHERRY P.O.,
ERNAKULAM DISTRICT, KERALA, PIN - 682311
BY ADVS.
SRI.RANJITH VARGHESE
SRI.RAHUL VARGHESE
SMT.SANTHA VARGHESE
SHRI.GEO KENNEDY K.
SRI.K.L.VARGHESE (SR.)
RESPONDENT(S)
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT,
PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.(DELETED)
[THE FIRST RESPONDENT IS DELETED FROM ARRAY OF PARTIES
AS PER ORDER DATED 5.8.2025 IN IA 1/25 IN AR 127/2025,
2 THE PROJECT DIRECTOR
KERALA STATE TRANSPORT PROJECT (PWD), KEYSTONE
BUILDING, NANTHANCODE, THIRUVANANTHAPURAM, PIN -
695003.
3 THE CHIEF ENGINEER
KSTP, T.C. 11/339, SREE BALA BUILDING, KESTON ROAD,
KOWDIAR P.O., THIRUVANANTHAPURAM, PIN - 695003.
2025:KER:65891
AR NO. 127 OF 2025
2
OTHER PRESENT:
SRI. B. ASHOK KUMAR- SC, SRI. K. DENNY DEVASSY- SR. GP
THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON
25.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:65891
AR NO. 127 OF 2025
3
EASWARAN S., J.
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AR No.127 of 2025
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Dated this the 25th day of August, 2025
ORDER
The applicant is a joint venture construction company doing engineering construction works, constituted for the purpose of executing the work of "Rehabilitisation and Upgradation of Thiruvananthapuram Ponmudi Road (from Nedumangad to Ponmudi Length 37.948 km) in Thiruvananthapuram District under Rebuild Kerala Initiative Package IV - Road 6" for the respondent Kerala State Transport Project (PWD). The petitioner submitted its bids for execution of the aforesaid work, and the respondents, being satisfied with the bid submitted by the petitioner, accepted it vide the letter of acceptance dated 14.9.2021, pursuant to which Ext.A2 agreement dated 20.10.2021 was entered into between the petitioner and the 2nd 2025:KER:65891 AR NO. 127 OF 2025 4 respondent. The said agreement includes General Conditions of Contract and Particular Conditions of Contract, and Clause 20 of the General Conditions of Contract deals with the claims, disputes and arbitration. It is submitted that despite the execution of the agreement and handing over of the site on 08.12.2021, the respondents failed to perform their reciprocal obligations, which resulted in the prolongation of the contract. Hence, the petitioner issued notice for termination on 22.03.2025 (Annexure-A22) as per Clause 16.2 of the General Conditions of Contract. The reasons alleged for issuance of termination notice are delay in providing access to hindrance hindrance-free site, delay in land acquisition and eviction, delay in issuance of drawings and instructions, and delay and non-payment of interim payment certificates etc. In the meanwhile, the petitioner, apprehending encashment of the performance Bank Guarantee and Mobilisation Advance Bank Guarantee, approached this 2025:KER:65891 AR NO. 127 OF 2025 5 Court and obtained interim orders. After termination of the contract by the petitioner, the respondent issued a termination notice and terminated the contract by proceedings dated 24.4.2025. Thereafter on 29.04.2025, the petitioner issued Annexure-A23 notice to the respondent - Kerala State Transport Project, expressing the intention to invoke the arbitration clause (clause 20.6) under the General Conditions of the Agreement. Since, there was no response from the respondents, the present arbitration request is preferred under Section 11 of the Arbitration & Conciliation Act, 1996.
2. Heard Sri.Ranjith Varghese, the learned counsel appearing for the petitioner and Sri. B.Ashok Kumar, the learned Standing Counsel appearing for respondent Nos.2 and 3.
3. The learned counsel appearing for the petitioner pointed out that clause 20.6 of the General Conditions of the Agreement provides for the settlement of the dispute by appointment of an 2025:KER:65891 AR NO. 127 OF 2025 6 Arbitrator under the Arbitration & Conciliation Act, 1996. Therefore, this Court is satisfied that the petitioner has made out a case for the appointment of an arbitrator under the provisions of the Arbitration & Conciliation Act, 1996.
4. The learned counsel on both sides submit that Justice T.R.Ramachandran Nair, former Judge of this Court may be appointed as the sole Arbitrator in this case.
5. Resultantly, the arbitration request is allowed by issuing the following directions:
1. Mr Justice T.R.Ramachandran Nair, Former Judge of this Court, (Thekkedath House, House No.60/2783, Diwan's Road, Kochi - 682 016) is nominated as the sole Arbitrator to resolve the disputes that have arisen between the petitioner and the respondents under Annexure-A2 Agreement.
2025:KER:65891 AR NO. 127 OF 2025 7
2. The learned Arbitrator may entertain all issues between the parties in connection with the said Contract, jurisdiction and limitation, if any, raised by the parties. All contentions of the parties are left open and they are at liberty to raise their claims and counterclaims, if any, before the learned Arbitrator, in accordance with law.
3. The Registry shall communicate a copy of this order to the learned Arbitrator within ten days from today and obtain a Statement of Disclosure from the learned Arbitrator as stipulated under Section 11(8) read with Section 12(1) of the Act.
4. Upon receipt of the Disclosure Statement, the Registry shall issue to the learned Arbitrator a certified copy of this order with a copy of the Disclosure Statement appended.
The Original of the Disclosure Statement shall be retained in 2025:KER:65891 AR NO. 127 OF 2025 8 the Court.
5. The fees of the learned Arbitrator shall be governed by the Fourth Schedule of the Act.
6. If the learned Arbitrator needs the assistance of an expert, such assistance can be sought from an expert in the course of the arbitration proceedings.
Sd/-
EASWARAN S. JUDGE jg 2025:KER:65891 AR NO. 127 OF 2025 9 APPENDIX OF AR 127/2025 PETITIONER ANNEXURES Annexure - A1 TRUE COPY OF THE LETTER OF ACCEPTANCE DT.
14.09.2021 Annexure - A2 TRUE COPY OF THE RELEVANT PORTIONS OF THE AGREEMENT AND CLAUSE 20 OF GENERAL CONDITIONS OF CONTRACT Annexure - A3 TRUE COPY OF LETTER DATED 18.02.2022 ISSUED BY THE PETITIONER TO RESPONDENT'S ENGINEER Annexure - A4 TRUE COPY OF LETTER DATED 09.03.2022 ISSUED BY THE PETITIONER TO RESPONDENT'S ENGINEER Annexure - A5 TRUE COPY OF LETTER DATED 04.04.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Annexure - A6 TRUE COPY OF LETTER DATED 24.02.2022 ISSUED BY THE EXECUTIVE ENGINEER OF THE RESPONDENT KSTP TO THE PETITIONER Annexure - A7 TRUE COPY OF LETTER DATED 28.07.2020 Annexure - A8 TRUE COPY OF LETTER DATED 11.02.2022 ISSUED BY THE EXECUTIVE ENGINEER OF KSTP TO THE EXECUTIVE ENGINEER OF THE BRIDGES DIVISION OF PWD WITH COPY TO THE PETITIONER Annexure - A9 TRUE COPY OF LETTER DATED 02.04.2022 ISSUED BY THE PETITIONER TO THE ENGINEER OF THE RESPONDENT KSTP Annexure - A10 TRUE COPY OF LETTER DATED 28.07.2022 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT Annexure - A11 TRUE COPY OF LETTER DATED 30.11.2022 ISSUED BY THE PETITIONER TO THE ENGINEER OF THE RESPONDENT KSTP Annexure - A12 TRUE COPY OF THE EXTENSION OF TIME LETTER DATED 03.01.2024 Annexure - A13 TRUE COPY OF THE EXTENSION OF TIME LETTER DATED 18.05.2024 Annexure - A14 TRUE COPY OF THE REVISED EXTENSION OF TIME LETTER DATED 09.11.2024 Annexure - A15 TRUE COPY OF THE RELEVANT CONDITIONS AND DETAILS FORMING PART OF THE ANNEXURE - A2 AGREEMENT Annexure - A16 TRUE COPY OF THE SUPPLEMENTARY AGREEMENT ENTERED INTO BETWEEN THE PARTIES DATED 21ST MAY, 2024 2025:KER:65891 AR NO. 127 OF 2025 10 Annexure - A17 TRUE COPY OF THE SUPPLEMENTARY AGREEMENT ENTERED INTO BETWEEN THE PARTIES DATED 6TH MARCH, 2025 Annexure - A18 TRUE COPY OF LETTER DATED 04.03.2025 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT Annexure - A19 TRUE COPY OF AUCTION NOTICE DATED 06.11.2024 ISSUED BY THE RESPONDENT KSTP Annexure - A20 TRUE COPY OF FELLING ORDER DATED 01.01.2025 Annexure - A21 TRUE COPY OF LETTER DATED 18.03.2025 ISSUED BY THE PETITIONER Annexure - A22 TRUE COPY OF TERMINATION NOTICE DATED 22.03.2025 Annexure - A23 TRUE COPY OF THE ARBITRATION NOTICE DT.
29.04.2025 Annexure - A24 TRUE COPY OF THE ACKNOWLEDGMENT ENDORSED WITH SEAL ON THE FIRST PAGE OF THE NOTICE ON 30.04.2025