Karnataka High Court
M/S Alpine Housing Development ... vs Principal Chief Engineer on 1 February, 2013
Author: A.S.Bopanna
Bench: A S Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 1ST DAY OF FEBRUARY 2013
BEFORE
THE HON'BLE MR. JUSTICE A S BOPANNA
C.M.P. NO.118/2010
Between :
M/S Alpine Housing Development
Corporation Ltd.
A Company Incorporated Under the Indian
Companies Act 1956 and having its
Registered Office at No.302
Alpine Arch, No.10, Langford Road
Bangalore-560 027
Rep. by its Director S.A.Kabeer ... Petitioner
(By Ms. Deepa M, Adv. for Sri C M Poonacha for
M/s. Lex Plexus)
And :
1. Principal Chief Engineer
Central Railways
Head Quarters Office
Engineering Branch
Mumbai CST 400001
2. Deputy Chief Engineer
T/P General Manager/Works
1st Floor, GM Building,
Central Railways,
Head Quarters Office
Engineering Branch
Mumbai CST 400001 ... Respondents
(By Sri N.S. Sanjay Gowda, Adv.)
2
This Civil Misc. Petition filed under Section.11 of the
Arbitration and Conciliation Act, 1996, praying to appoint an
arbitrator for adjudicating the disputes between the
petitioner and the respondents.
This Civil Miscellaneous Petition coming on for
admission, this day, the Court made the following :
ORDER
Pursuant to the submissions made before this Court and recorded vide the order dated 30.11.2012, learned counsel for the respondents has filed a memo dated 06.12.2012, which reads as hereunder:
"MEMO REPORTING COMPLIANCE OF THE ORDER DATED 30.11.2012 PASSED BY THIS HON'BLE COURT:
The respondents submit as follows:
In compliance of the order dated 30.11.2012 passed by this Hon'ble Court, the General Manager of the Central Railway has appointed Sri P. Barapatre, Chief Bridge Engineer as the sole Arbitrator to settle the claim raised by the petitioner regarding the Termination of the contract by the Railway Administration by imposing 5% Liquidated damages amounting to Rs.97,86,396/-. The copy of the order appointing the Arbitrator is produced herewith.3
WHEREFORE it is prayed that this Hon'ble Court be pleased to take this memo on record and dismiss the petition as having become unnecessary in the interests of justice and equity."
Since Sri P. Barapatre, Chief Bridge Engineer is appointed as the sole Arbitrator, the said Arbitrator shall now enter upon reference and decide the matter in accordance with law.
In terms of the above, the petition stands disposed of. No costs.
Sd/-
JUDGE hrp/bms