Madras High Court
M/S.Ozone Projects Private Limited vs Kunnel Engineers And Contractors ... on 2 November, 2023
Author: C.Saravanan
Bench: C.Saravanan
Arb.O.P.(Com.Div.)No.75 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
Arb.O.P.(Com.Div.)No.75 of 2023
M/s.Ozone Projects Private Limited,
Represented by its Authorized Signatory,
Mr.M.Premnath,
New No.63, G.N.Chetty Road,
T.Nagar, Chennai – 600 017. .. Petitioner
Vs.
Kunnel Engineers and Contractors Private Limited,
Represented by its Managing Director,
3rd Floor, Puthuran Plaza,
KPC Junction, M.G.Road, Ernakulam,
Kerala – 682 011. .. Respondent
Prayer: Original Petition is filed under Section 11(6) of the Arbitration
and Conciliation Act, 1996, praying to appoint a Sole Arbitrator to enter
reference relating to the disputes that has arisen between the Parties
herein in connection with the Work Order dated 18.09.2016 and conduct
Arbitration Proceedings and to pass Award.
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Arb.O.P.(Com.Div.)No.75 of 2023
For Petitioner : Mr.Mr.Anirudh B. Menon for
M/s.Tatva Legal Chennai
For Respondent : Mr.P.H.Aravind Pandian
Senior Counsel for
Mr.Jose Jacob
ORDER
This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator in respect of Contract Nos.20142414 & 20142415.
2.Both the parties consent for appointment of the Hon'ble Mr.Justice K.Govindarajan, Retired Judge of this Court, as an Arbitrator to resolve the dispute between the parties.
3.The parties are at liberty to workout the venue for Arbitration at Chennai.
4.The Court is inclined to pass the following order:-
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(i) Hon'ble Mr.Justice K.Govindarajan, Retired Judge of this Court, (Mobile No.:9444403403) residing at New No.8, Old No.5, Justice Ramanujam Road, Malaviya Avenue, Sastri Nagar, Chennai – 600 041, is appointed as an Arbitrator to enter upon reference and adjudicate / resolve the inter se dispute between the parties.
(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.
(iii) The learned Arbitrator appointed herein shall be paid fees and other incidental charges as may be fixed with the consent of parties or in accordance with the provisions of the Arbitration and Conciliation Act, https://www.mhc.tn.gov.in/judis 3/5 Arb.O.P.(Com.Div.)No.75 of 2023 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 respondents.
5.The Original Petition is allowed with the above observations, leaving the parties to bear their own costs.
6.Since the Court has appointed an Arbitrator, it is open to the petitioner as well as the respondents to seek other reliefs under Section 17 of the Arbitration and Conciliation Act, 1996, before the learned Arbitrator.
02.11.2023
jas
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
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Arb.O.P.(Com.Div.)No.75 of 2023
C.SARAVANAN, J.
jas
Arb.O.P.(Com.Div.)No.75 of 2023
02.11.2023
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