IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.K.S.RADHAKRISHNAN WEDNESDAY, THE 14TH MARCH 2007 / 23RD PHALGUNA 1928 AR.No. 6 of 2007() ------------------ APPLICANT: ------------- M/S. SURYA CONSTRUCTIONS, PALACE ARCADE, STATUE JUNCTION, TRIPUNITHURA - 682 301, A REGISTERED PARTNERSHIP, REPRESENTED BY ITS MANAGING PARTNER, MATHEW KALARICKAL, KALARICKAL HOUSE, KIZHAKKAMBALAM VILLAGE & P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.BABU THOMAS SMT.MARYKUTTY BABU RESPONDENTS: ----------------- 1. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, SOUTHERN RAILWAY HEAD QUARTERS OFFICE, CHENNAI - 600 003. 2. THE CHIEF ENGINEER, SOUTHERN RAILWAY (CONSTRUCTION), THYCAUD P.O., THIRUVANANTHAPURAM - 14. 3. THE DEPUTY CHIEF ENGINEER, SOUTHERN RAILWAY (CONSTRUCTION) ERNAKULAM. BY ADV. SRI.ALEXANDER THOMAS, SC,RAILWAYS THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 14/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.S.RADHAKRISHNAN, Ag.C.J. --------------------------- A.R. No. 6 of 2007 -------------------------- Dated this the 14th day of May, 2007. ORDER Heard learned counsel on either side. 2. As per the arbitration clause three Arbitrators have to be appointed to resolve the dispute between the parties. The applicant has produced a penal of three persons and the Standing Counsel for Railways has produced a panel of four persons. 3. In the circumstances, I am inclined to appoint Sri.P.K.Mishra, Chief Planning and Development Engineer, Southern Railway, Park Town P.O., Chennai-600 003, Sri.Umesh Kumar Varine, Chief Engineer (Track Machine), Southern Railway, Park Town P.O., Channai-600 003 and Sri.Narayan Onkar, Deputy Financial Advisor and Chief Accounts Officer/Construction, Egmore, Channai as Arbitrators for resolving the dispute between the parties. The Arbitration Request is disposed of accordingly. Copy of the agreement produced by the applicant be returned. K.S.RADHAKRISHNAN, Ag. Chief Justice. vns.