^ (5 IN THE HIGH COURT OF CHHATnSGARH AT BILASPUR M.C.C fREOUESTCASE) N0. ^ ^ / 2004 ^. In the matter of an application under Section 111 of the Arbitration and Conciliation Act, 1996, under Appointment of Arbitrator Scheme. A N D In the matter of: /M/s Prasad Construction and Co., Lila Mohan Niwas, Naisarai, Biharsharif (Nalanda) Bihar. APPLICANT VERSUS / 1. The ChiefEngineer, (Civil), South Eastern Coalfields Limited, Seepat Road, Bilaspur (Chhattisgarh) The Staff Officer (Civil), South Eastern Coalfields fy::.\ , ^ Liinited, SohagpurArea, Dhanpuri, Shahdol. ^.... ^. "!€i'^'';y To >^- . RESPONDENTS The Hon'ble Mr. Chief Justice of Chhattisgarh High Court and his companion Judges of the Court. The humble application for appointment of Arbitrator: It^ -^i^;tlftl^i8BBSil ^^) XI-HC-22 3:3T ^iNKrt^, ^Td^^l^, («l<rtl^y 311^1 M51CII —/yY^:. .c.:. .<2>.^-- MIMdl vhW* '~' ••<r'"•••* • ••w>^• ^ 2001^ 3T^T^T R^i<=b3TI^T ^ri^^rf^T ^ 3TT^T ?^cTTW ^cT 22.08,2005: - • •Shri G.S. Agrawal, i^arned Sr. Advocate with Shri K.R. Nair, learned counsel for the applicaht Shri P.S.Koshy, leamec| a The appiicatjon unde( ConcJliatiQn Act, 1996 (for sttort being. designated for appointin^ of Chhattisgarh High Court.-: It is submitted by leari parties to the proceedings 16.04.1996 for the work of 16'nos. C-type quarters for completion period for the sai( months. As per Clause 9 o arising between the 01 and operation of this contract by the soie- arbitrator appoint^ Ltd. and the awards or arbitr^ concerned. Learned counsei for dispute arese out of the Agre^ after;.<failing:-to^^eoeive—any requested the Chief Engineer letter dated 15.03.2004 of request of Annexure P/14 d!< cbl^Id^ ^l^^Tffte^i^^K ^3:Tf^R'3T1^T counsei for the respondents. Section 11(6) of the Arbitration and 'the Act') has come up before me on ran arbitrator, by the Hon'ble Chief Justice |ed counsel for the applicanypetitioner that intered into a Contract Agreement dated cdnstruction of 250 nos. of MQs,42 nos.-B & ^angwar Project of Sohagpur Area and the construdion work was specified to be 24 the Agreement aii disputes or difference |it of or relating to the constitution, meanlng |or breach thereof are required to be settted |d by the CMD of South Eastern Coalfields ^tor shal! be final and binding on the parties |he appticanypetitioner submits that the jment between the parties and the applicant response from the executing authorities (Civil), S.E,C.L. to go for arbitration vide Ailinexure P/14. However, when the above wt invoke any response from the Chjef SSSSSi 3^ •^Ni<n^, ^'rfl^^Ko, ^<;ii<iy 3ll^l<45ich -A?r.c.;.r..'...^.z7. ^l^dl€*UI*'"4^*4^'"4^;'" Tl^ 200^ ^^---------- ^n^T^T f^TWW^T ^TT^^cT •^ ^ncST5^cTTatR:^rf^T <=bi^T<n41ri *4H<nT^ te^ <RI<^K ^^rf^TW^T Engineer (Civil),the app(ican| approached the Chairman-cum-Managing Director of the respondent Vi/it^ a request for nominating the sole arbitrator to resolve the disputes vide jtheir registered letter dated 03.05.2004 of Annexure P/15. Learned co(insei for the applicant further submits that since no arbitrator tili date t|ias been appointed by the Chairman-cum- Managing Director,S.E.C.L., t|ie instant appiication under Section 11(6) of the Act hasbeen filed as the power entrusted to him unc| appointment of s?o!e arbitrator. Learned counset for th| submissions. As a resuit, the appiica^ an.arbitrator is held to be mad^ Hpwever, at the time o| the proceedings that they h^ Judge of this High Court is aj| the disputes. I hereby, therefore, af| Chief Justice of Hjgh Court of Chennai-600040, "Pft.No. 2621 under Section 11 (6) of the Arbi| The Hon'bie Arbitrator remuneration. respond@nt.No. 1 has failed to exercise the er the said Agreement in the matter of 1 respondents does not dispute the above lon isallowed and a case for appointment of out. •»' hearing it wa3 submitted by the partie^ to ve no objection if any honourabie retired )pointed as the so!e arbitrator to adjudicate 'point Mr. Justice A.S.V. Moorthy, former Shhattisgarh, V-87, Vth Avenue, Annanagar, 4465, as arbjtrator,in exercise of power ration and Conciliation Act. 1996. may settle his terms and conditions and -8SI^.::1^:-:;::,\..- ;:" '': ;':1 " IN. • \ XI-HC-22 3TI^T^T f^Tf^3TT^T ^RT^^^Tf^T $b^l<=b^ ^ -HI^C<11t»)^W 3^ ^NKrt^, ^Tn^l«o,fa^ll^y 3ll^lS5(Cf> —<r)r.C.:.C^%.2TT. »•• * »•-•*•*»»*•-•»+•**^ 200<^ 3TT^?T ^RTT^K ^rfN' 3- Registry to intimate Ho|r Chief Justice of High Court c|f Arbitrator and t6 send all the pa| Parties are aiso directe Moorthy, who is presently resi papers and to take part in the a <=bi^^41^ ^i^*?fte^<Ri^i< ^3lf^T3TT^T n'ble Mr. Justice A.S.V. Moorthy, former Chhatfisgarh, about his appointment as sers alpng with address ofthe parties. to approach Hon'bie Mr. Justice A.S.V. i^ img at Annanagar, Chennai and to submit "bitration proceedings. w- .„-«., DHmENDRAM^®A Judge