Kerala High Court
M/S.Popular Construction vs M/S.Iti Limited.(A Government Of India on 31 December, 2009
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
SUNDAY, THE 1ST DAY OF JANUARY 2012/11TH POUSHA 1933
AR.No. 51 of 2011 ( )
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PETITIONER(S)/APPLICANT:
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M/S.POPULAR CONSTRUCTION,17/470,
P.T.BUILDINGS,OPPOSITE POLICE STATION,DOWN HILL,
MALAPPURAM,676 519 REPRESENTED BY ITS
MANAGING PARTNER V.ZUBAIR,
S/O.VILAN ABDUALLA,CHERUPARAMBIL HOUSE,
KODUR.P.O,MANGATTUPULAM,
MALAPPURAM-676 504.
BY ADV. SRI.P.M.POULOSE.
RESPONDENT(S)/OPPOSITE PARTIES:
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1. M/S.ITI LIMITED.(A GOVERNMENT OF INDIA
UNDERTAKING)NETWORK SYSTEM UNIT,ITI BHAVAN,
DOORVANINAGAR,BANGALORE-560 016,REPRESENTED BY ITS
CHAIRMAN & MANAGING DIRECTOR.
2. DEPARTMENT OF TELECOMMUNICATION REPRESENTED BY
ITS SECRETARY,MINISTRY OF TELECOMMUNICATION
NEW DELHI.
3. M/S.BHARAT SANCHAR NIGAM LIMITED,
(A GOVERNMENT OF INDIA ENTERPRISE),REPRESENTED BY
ITS GENERAL MANAGER,OFFICE OF THE GENERAL MANAGER
TELECOM,PALAKKAD,KERALA.
R1 BY ADVS. SRI.N.N.SUGUNAPALAN (SR.)
& SRI.S.SUJIN
R2 & R3 BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL.
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON
01-01-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AR.No. 51 of 2011 ( )
APPENDIX
PETITIONER'S ANNEXURES :-
ANNEXURE I : TRUE COPY OF THE LETTER DATED 31-12-2009 ISSUED BY THE
1ST OPPOSITE PARTY.
ANNEXURE II : TRUE COPY OF THE LETTER NO.NSU/CIVIL/BSNL/24-102 DATED
16-2-2009.
ANNEXURE III: TRUE COPY OF THE LETTER NO.POP/ITI/20209 DATED
20-2-2009 BY THE APPLICANT.
ANNEXURE IV : TRUE COPY OF THE LETTER DATED 25-5-2011 SENT BY THE
PETITIONER.
ANNEXURE V : TRUE COPY OF THE LETTER NO.REF.NSU/CIVIL/BSNL/24-559
DATED 23-6-2011.
ANNEXURE VI : TRUE COPY OF the CLAUSE 54 OF THE GENERAL CONDITIONS
OF CONTRACT.
RESPONDENT'S EXHIBITS :-
EXHIBIT R3 (a) : TRUE COPY OF THE AGREEMENT BETWEEN BSNL & ITI.
//TRUE COPY//
P.A TO JUDGE
amk
ANTONY DOMINIC, J.
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AR.NO.51 OF 2011
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Dated this the Ist day of January, 2013
O R D E R
Heard the counsel for the applicant, learned Senior Counsel for the first respondent and the Standing Counsel appearing for respondents 2 and 3.
2. This is an application filed under Section 11(6) of the Arbitration and Conciliation Act for the appointment of an Arbitrator to resolve the disputes between the applicant and the first respondent. The first respondent awarded the work of providing "external plant U/G cable laying network under Palakkad SSA Cable laying work at Ottappalam Tele Exchange area" to the applicant. Accordingly work order dated 20.12.2001 was issued, which contained a provision for resolution of disputes between the parties by arbitration. When the final bills of the applicant were settled, an amount of `2,35,582/- was recovered by the Ist respondent. When the requests for payment of the recovered amount were not AR.No.51/2011 :2 : considered, the applicant sought appointment of an Arbitrator. That request was also not responded. It is in these circumstances this application has been filed.
3. Concerning another contract between the parties, a similar dispute arose and in that case also the applicant had sought the appointment of an arbitrator by filing AR.No.52/2011 before this Court. In that case the contentions raised by the first respondent were that in view of the no claim certificate issued by the applicant, the claim was untenable, that the claims were barred by limitation and that the claims are pertaining to 'excepted matters'. On these grounds, according to the Ist respondent, the application was to be rejected.
4. Considering the nature of the contentions raised and the materials available, this court by order dated 13.12.2012 appointed an Arbitrator and left open the aforesaid contentions to be agitated before the Arbitrator and decided by him.
5. Since the contentions raised here are also similar, this case is also disposed of appointing Sri. K. Sudhakaran, District AR.No.51/2011 :3 : Judge(Rtd.)`Sreyas', Near Vadakkanthara Temple, Vadakkanthara, Palalkkad-67 012, who is the Arbitrator appointed in AR.No.52/2011, as the sole Arbitrator to arbitrate upon the disputes between the applicant and the fist respondent. The Arbitrator will issue notice to the parties and conclude the proceeding as expeditiously as possible.
6. It is clarified that the contentions raised by the respondents are left open and the parties will be at liberty to agitate the same before the Arbitrator.
Arbitration Request is disposed of.
(ANTONY DOMINIC) JUDGE vi/