IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 AR.No. 64 of 2010() ------------------------ APPLICANT ------------- JOSE THOMAS M., GOVERNMENT CONTRACTOR, JOSE BUNGALOW, PIDAVOOR P.O., PATHANAPURAM, KOLLAM DISTRICT-691625. BY ADVS. SRI.K.BABU THOMAS SMT.MARYKUTTY BABU RESPONDENT(S): OPPOSITE PARTIES -------------------------------------------- 1. UNION OF INDIA, REP. BY THE GENERAL MANAGER, SOUTHERN RAILWAYS, SOUTHERN RAILWAY HEAD QUARTERS, CHENNAI-600003. 2. THE CHIEF ENGINEER, SOUTHERN RAILWAY, (CONSTRUCTION), ERNAKULAM JUNCTION, ERNAKULAM-682016. 3. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY, KOLLAM. R1-3 BY SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE ADV. SRI.C.S.DIAS,SC, RAILWAYS SRI.N.B.SUNIL NATH,SC, RAILWAYS THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs AR. NO. 64/2010 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF THE LETTER OF ACCEPTANCE OF THE TENDER ISSUED BY THE 2ND OPPOSITE PARTY. ANNEXURE A2:COPY OF THE ORDER ISSUED BY THE 2ND OPPOSITE PARTY FOR RESCISSION OF CONTRACT. ANNEXURE A3:COPY OF NOTICE SENT BY THE APPLICANT DEMANDING APPOINTMENT OF ARBITRAL TRIBUNAL. ANNEXURE A4:COPY OF THE PANEL OF OFFICERS SENT BY THE OPPOSITE PARTIES. ANNEXURE A5:COPY OF THE LETTER SENT BY THE APPLICANT INTIMATING SELECTION OF SRI.RAJESH ARGAL, CHIEF ENGINEER. ANNEXURE A6:COPY OF ORDER IN A.R.NO.24/2007 OF THE HONOURABLE DESIGNATED JUDGE, APPOINTING 3 MEMBER ARBITRAL TRIBUNAL. ANNEXURE A7:COPY OF THE MINUTES OF THE HEARING HELD AT CHENNAI BY THE ARBITRAL TRIBUNAL. ANNEXURE A8:COPY OF THE LETTERS DATED 22/09/2009 AND 2010 ARBITRAL CEASED TO EXIST. ANNEXURE 9:COPY OF THE LETTERS DATED 30/09/2009 AND 2010 SENT TO THE OPPOSITE PARTIES TO SUPPLY PANEL OF OFFICERS. ANNEXURE 10:COPY OF OBJECTIONABLE PANEL. ANNEXURE A11:COPY OF LETTER OF THE APPLICANT SENT TO THE OPPOSITE PARTIES. ANNEXURE A12:COPY OF REPLY SENT BY THE RESPONDENTS TO ANNEXURE A11. ANNEXURE A13:COPY OF THE RELEVANT PORTION OF THE GENERAL CONDITIONS OF CONTRACT APPLICABLE TO THE SOUTHERN RAILWAY INCULDING THE ARBITRATION CLAUSE 64, FORMING PART OF THE AGREEMENT. svs ..............2/-.... ...2... A.R.NO.64/2010 RESPONDENT'S ANNEXURES: R1(a):COPY OF JUDGMENT OF THIS HONOURABLE COURT, DATED 29/11/06, RENDERED IN WPC. NO.30616/2006 T. R1(b):COPY OF JUDGMENT OF THIS HONOURABLE COURT, DATED 25/05/06, RENDERED IN W.A. NO.1112/2007. /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J. ------------------------------------------- A.R.No.64 OF 2010 ---------------------------------------------- Dated this the 21st day of October, 2011 ORDER This Arbitration Request is filed the applicant in Arbitration Request No.24/2007, in which this Court passed Annexure-A6 order appointing three arbitrators. The reason for filing this Arbitration Request is that two of the arbitrators so appointed by this Court were unable to continue the arbitration proceedings. Therefore, the applicant seeks appointment of fresh arbitrators. Both parties now agree that a sole arbitrator may be appointed. They also agree that the Chief Engineer, Track Machine, Head Quarters, Southern Railway, Madras be appointed as the sole arbitrator. In view of the said agreement, I appoint the Chief Engineer, Track Machine, Head Quarters, Southern Railway, Madras as the sole arbitrator to arbitrate the dispute between the parties. The Arbitration Request is disposed of as above. S. SIRI JAGAN, JUDGE acd