Madras High Court
M/S.Karthik Wood Industries vs Life Insurance Corporation Of India on 30 August, 2017
Author: Anita Sumanth
Bench: Anita Sumanth
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.08.2017 CORAM THE HONOURABLE DR.JUSTICE ANITA SUMANTH O.P. No.471 of 2017 M/s.Karthik Wood Industries, rep. by its Sole Proprietor K.Somarajan .. Petitioner -vs- Life Insurance Corporation of India rep. by its Chief Engineer, Zonal Office at LIC Building 153, Anna Salai, Chennai - 600 002. .. Respondent Prayer: Petition filed under Section 11 of the Arbitration & Conciliation Act, 1996 to appoint a Sole Arbitrator to adjudicate the disputes between the parties in terms of clause 35.3 of the agreement dated 23.09.2013. For Petitioner : Mr.P.Wilson Topaz for M/s.A.S.Kailasam Associates For Respondent : Mr.M.B.Raghavan O R D E R
This petition seeks appointment of a Sole Arbitrator to adjudicate upon the disputes between the parties in terms of clause 35.3 of the agreement dated 23.09.2013, which reads as follows:
" All disputes between the parties to the contract (other than those for which the decision of the CE or any other person is by the contract expressed to be final & binding) shall after written notice by either party to the contract to the other of them be referred to sole arbitration by an Arbitrator to be appointed by the Executive Director (Engineering), which shall be final and binding."
2.When the matter is called for hearing today, both the learned counsel agreed that Mr.T.Mohan, Advocate be appointed as Sole Arbitrator to arbitrate upon the disputes inter se.
3. I, thus, appoint Mr.T.Mohan, Advocate, No.368, Additional Law Chambers, High Court, Chennai - 104 (Mobile No.9444454309) as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties. He may, after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the order. The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses. Learned counsel agree that the proceedings may be conducted under the aegis of the Madras High Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules.
4.The Original Petition is, accordingly, allowed, leaving the parties to bear their own costs.
30.08.2017 sl Note: Registry is directed to issue the copy of the order only after payment of the initial cost by the petitioner.
Dr.ANITA SUMANTH,J.
sl O.P. No.471 of 2017 30.08.2017