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Madras High Court

Also Having vs The Union Of India on 24 June, 2021

Author: N. Sathish Kumar

Bench: N. Sathish Kumar

                                    THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   Dated 24.06.2021

                                                         CORAM:
                                   THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
                                                  O.P.No. 255 of 2020

                     M/s.Unique Builders,
                     Rep.by its Partner
                     Mr.N.Sreenivasan,
                     S/o.Mr.P.Nallasamy,
                     No.1369, Fifth Street, Golden Colony,
                     Mugappair, Chennai-600 050.

                     Also having
                     Registered Office at:
                     No.36, D.N.Plaza, 2nd Floor,
                     Thiruvalluvar Salai, Thiruvalluvar Nagar,
                     Mugappair East, Chennai – 600037.                               . . . Petitioner

                                                    Versus

                     1.The Union of India,
                     Represented by the General Manager,
                     Southern Railway,
                     Park Town, Chennai-600 003.

                     2.The Senior Divisional Engineer,
                     Bridges, Southern Railway,
                     Chennai Division,
                     Park Town, Chennai-600 003.                               . . . Respondents

                     PRAYER : Petition filed under Section 11(6) of the Arbitration and
                     Conciliation Act, 1996 to appoint an independent and impartial arbitrator to
                     hear and decide the disputes between the petitioner and the respondents arising


https://www.mhc.tn.gov.in/judis/
                     out of the Agt. No:65/Bridges/MAS dated 11.03.2019 as set out under details
                     of claims in Para No.9 above and direct the respondents to pay the cost of this
                     petition.

                                           For Petitioner          : Mr.A.Vikash

                                           For Respondents         : Mr.M.Vijay Anand


                                                            ORDER

Today the matter is taken up for hearing to change the Arbitrator, mainly on the ground that Mr.P.Ganesan, Retired District Judge is expressing his inability due to his ill-health and sent a letter dated 16.06.2021 to this Court.

2. In such view of the matter, Mr.Sharath Chandran, Advocate residing at No.3, Gopal Menon Street, Vepery, Chennai 600 007 Mobile No.9884445442 is appointed as a Sole Arbitrator to enter upon reference and adjudicate the matter.

3. The learned Arbitrator appointed herein, shall 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.

https://www.mhc.tn.gov.in/judis/

4. That the learned Sole Arbitrator appointed herein shall be paid fees and other incidental charges, fixed by him and the same shall be borne by the parties equally.

5. Learned Retired District Judge is requested to return all the papers to Mr.Sharath Chandran, Advocate.

6. Arbitration proceedings shall be commenced from the stage where left by the presiding Arbitrator and it should be completed within a period of six months.

24.06.2021 msv To

1. Mr.Sharath Chandran, Advocate No.3, Gopal Menon Street, Vepery, Chennai 600 007 Mobile No.9884445442

2.Mr.P.Ganesan Retired District Judge, No.778, Judges Colony, Kakithapuram 4th Street, S.Kolathur, Kovilambakkam, Chennai-600117.

Mobile Nos.9600045571, 9600045570 https://www.mhc.tn.gov.in/judis/ N. SATHISH KUMAR, J.

msv O.P.No. 255 of 2020 24.06.2021 https://www.mhc.tn.gov.in/judis/