Madras High Court
M/S. Oriental Veneer Products Ltd vs The Union Of India on 9 April, 2019
Author: R. Suresh Kumar
Bench: R. Suresh Kumar
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 09.04.2019
CORAM
THE HONOURABLE Mr.JUSTICE R. SURESH KUMAR
O.P. Nos.122 to 125 of 2019
M/s. Oriental Veneer Products Ltd.,
Having registered office at
No.36, Mohamedi,
Lakada Bazaar, M.S.Road,
Mumbai - 7 .. Petitioner in all the Original
Petitions
-vs-
1. The Union of India
Rep. by its General Manager,
Integral Coach Factory,
Chennai.
2. The Chief Materials Manager / F
Integral Coach Factory,
Chennai. .. Respondents in all the Original
Petitions
Prayer in O.P.No.122 of 2019 : Petition filed under Section 11(4) of the
Arbitration and Conciliation Act, 1996, to appoint an Arbitrator and refer all the
disputes arising out of the Purchase Order No. 07/14/0269/1333/F, dated
28.03.2015 to Arbitration.
Prayer in O.P.No.123 of 2019 : Petition filed under Section 11(4) of the
Arbitration and Conciliation Act, 1996, to appoint an Arbitrator and refer all the
disputes arising out of the Purchase Order No. 07/16/1507/1839/F, dated
20.06.2016 to Arbitration.
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Prayer in O.P.No.124 of 2019 : Petition filed under Section 11(4) of the
Arbitration and Conciliation Act, 1996, to appoint an Arbitrator and refer all the
disputes arising out of the Purchase Order No. 07/14/1669/1749/F, dated
06.08.2014 to Arbitration.
Prayer in O.P.No.125 of 2019 : Petition filed under Section 11(4) of the
Arbitration and Conciliation Act, 1996, to appoint an Arbitrator and refer all the
disputes arising out of the Purchase Order No. 07/14/2677/2283/F, dated
11.11.2014 to Arbitration.
For Petitioner : Mr.Mohana Kannan
in all the Original Petitions
For Respondents : Mr.P.T.Ramkumar
in all the Original Petitions
COMMON ORDER
The prayer sought for in these Original Petitions are as follows :
(i) O.P.No.122 of 2019 has been filed to appoint an Arbitrator and refer all the disputes arising out of the Purchase Order No. 07/14/0269/1333/F, dated 28.03.2015 to Arbitration.
(ii) O.P.No.123 of 2019 has been filed to appoint an Arbitrator and refer all the disputes arising out of the Purchase Order No. 07/16/1507/1839/F, dated 20.06.2016 to Arbitration.
(iii) O.P.No.124 of 2019 has been filed to appoint an Arbitrator and refer all the disputes arising out of the Purchase Order No. 07/14/1669/1749/F, dated 06.08.2014 to Arbitration.
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(iv) O.P.No.125 of 2019 has been filed to appoint an Arbitrator and refer all the disputes arising out of the Purchase Order No. 07/14/2677/2283/F, dated 11.11.2014 to Arbitration.
2. In each of these Original Petitions, there has been separate tender awarded to the applicant company by the respondents, Integral Coach Factory (in short ICF).
3. In O.P.No.122 of 2019, the Tender No. is 07140269 and the purchase order No. is 07/14/0269/13333/F, dated 28.03.2015; in respect of O.P.No.123 of 2019, the Tender No. is 07/06/1507 and the purchase order No. is 07/16/1507/1839/F, dated 20.06.2016; in respect of O.P.No.124 of 2019, the Tender No. is 07141669 and the purchase order No.is 07/14/1669/1749/F, dated 06.08.2014; so far as O.P.No.125 of 2019 is concerned, the Tender No. is 07142677 and the purchase order No. is 07/14/2677/2283/F, dated 11.11.2014.
4. Ultimately there has been a dispute arose between the parties with regard to the claim made for refund of liquidated damages.
5. In this regard, according to the learned Standing counsel appearing for the respondents (ICF), on 22.01.2019, a letter has been issued inviting the http://www.judis.nic.in 4 applicant to come for pre-arbitration meeting, which is fixed on 25.02.2019, however the applicant has not responded to the said offer made by the respondents and the applicant did not participate in the pre-arbitration meeting fixed on 25.02.2019 and thereafter on 04.03.2019, these Original Petitions have been filed seeking with the aforesaid prayer to appoint an independent Arbitrator to refer all the issues with regard to the purchase order in each of the case.
6. I have heard the learned counsel appearing for the applicant and the learned Standing counsel appearing for the respondents in all these cases.
7. In view of the said position that, there has been a dispute arising out of each of the purchase order pertaining to all these Original Petitions, the learned counsel appearing for both sides submit that, since the quantum of dispute is very minimum and all together in all the four cases, the claim would be more or less only Rs.40 lakhs and therefore instead of appointing a separate Arbitrator in each of the cases, a sole Arbitrator can be appointed, before whom all the four disputes can be referred arising out of the four purchase orders in these Original Petitions and in this regard, both the learned counsel agreed for appointment of an independent Arbitrator by this Court. http://www.judis.nic.in 5
8. Considering the said submissions made by both the learned counsel and taking into account the factual matrix of the case, since there has been arbitral issue in each of the cases, however the quantum is very minimum with regard to the claim made by the parties, this Court is inclined to appoint Mr.K.Palanisamy, District Judge (Retd), residing at No.355/51, F1, Jeevanantham Street, Sadhanandhapuram, New Perungalathur, Tambaram, Chennai - 600 063 (Mobile No. 94441 55663) as sole Arbitrator, before whom, the parties can raise the dispute arising out of the purchase order in each of the cases, who shall decide the said dispute separately and pass separate final Award in each of the disputes.
(ii) The learned Arbitrator shall enter upon the reference immediately and resolve the issue raised before him at the earliest by passing the final Award.
(iii) The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses, which shall be borne by both the parties equally.
With these order of appointment of Arbitrator, these Original Petitions are ordered accordingly.
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