w w w . L a w y e r S e r v i c e s . i n



R. Natarajan v/s The Project Director, Project Implementation Agency (P.I.A) Emergency Tsunami Reconstruction Project, Puducherry


Company & Directors' Information:- INDIA RECONSTRUCTION CORPORATION LIMITED [Active] CIN = U51109UP1945PLC001293

Company & Directors' Information:- S K B PROJECT (INDIA) PRIVATE LIMITED [Active] CIN = U45202MP2008PTC020457

Company & Directors' Information:- U T AGENCY PVT. LTD. [Active] CIN = U45203WB1991PTC052617

Company & Directors' Information:- S K H AGENCY PRIVATE LIMITED [Active] CIN = U52390TG2013PTC085384

Company & Directors' Information:- A J PROJECT PRIVATE LIMITED [Active] CIN = U70101WB2006PTC110040

Company & Directors' Information:- M B S PROJECT PRIVATE LIMITED [Strike Off] CIN = U45209GJ2000PTC038147

Company & Directors' Information:- K C PROJECT INDIA PRIVATE LIMITED [Active] CIN = U55101DL1997PTC088558

Company & Directors' Information:- A. H. PROJECT PRIVATE LIMITED [Active] CIN = U45400WB2010PTC141970

Company & Directors' Information:- H E F PROJECT PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1995PTC069794

Company & Directors' Information:- O M AGENCY PRIVATE LIMITED [Active] CIN = U52321TN1961PTC004668

Company & Directors' Information:- B J S PROJECT PRIVATE LIMITED [Active] CIN = U74900WB2015PTC206605

Company & Directors' Information:- S M AGENCY PVT LTD [Active] CIN = U51109WB1964PTC026129

Company & Directors' Information:- PROJECT Q AND S PRIVATE LIMITED [Active] CIN = U74999HR2020PTC086437

Company & Directors' Information:- PROJECT E AGENCY INDIA PRIVATE LIMITED [Active] CIN = U52399KA2020PTC137714

Company & Directors' Information:- G R AGENCY LTD [Strike Off] CIN = U51109WB1951PLC019409

Company & Directors' Information:- S N Q S AGENCY PRIVATE LIMITED [Active] CIN = U52110TZ1999PTC008761

Company & Directors' Information:- A & N AGENCY PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909TN2003PTC052088

Company & Directors' Information:- A E AGENCY PRIVATE LIMITED [Active] CIN = U65993TN2000PTC044931

Company & Directors' Information:- S R W AGENCY PRIVATE LIMITED [Active] CIN = U52190WB2011PTC160006

Company & Directors' Information:- K L AGENCY PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC050493

Company & Directors' Information:- S B T AGENCY PVT LTD [Strike Off] CIN = U51103WB1965PTC026347

Company & Directors' Information:- S B M AGENCY PRIVATE LIMITED [Active] CIN = U51504TN2004PTC052953

Company & Directors' Information:- K D PROJECT PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC209307

Company & Directors' Information:- M P S AGENCY PVT LTD [Active] CIN = U51109WB1998PTC088149

Company & Directors' Information:- A. G. AGENCY PRIVATE LIMITED [Strike Off] CIN = U51109DL2008PTC186212

Company & Directors' Information:- E PROJECT PRIVATE LIMITED [Active] CIN = U72300HR2015PTC057142

Company & Directors' Information:- S N AGENCY PVT LTD [Strike Off] CIN = U66010WB1989PTC047981

Company & Directors' Information:- V AND S AGENCY PRIVATE LTD. [Strike Off] CIN = U74999DL1986PTC025148

Company & Directors' Information:- INDIA RECONSTRUCTION LIMITED [Dissolved] CIN = U99999MH1947PLC006083

    O.P. No. 16 of 2020

    Decided On, 26 February 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. SUNDAR

    For the Petitioner: N. Thiagarajan, Advocate. For the Respondents: A.V. Ramalingam, Additional Government Pleader.



Judgment Text


(Prayer: Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint an independent sole arbitrator to adjudicate upon the claims of the petitioner as the arbitration application submitted by the petitioner to the Project Director, Project Implementation Agency (P.I.A) Emergency Tsunami Reconstruction Project, Puducherry the 1st Respondent herein dated 19.08.2019 as per the Agreement No.06/PIA/EE/(P)/10-11 dated 22.04.2010 and as per clause 25 of the general conditions of the contract for public works 1996 and award cost of this petition.)

1. Mr.N.Thiagarajan, learned counsel for petitioner and Mr.A.V.Ramalingam, learned Additional Government Pleader, Puducherry for all the respondents are before this Court.

2. Instant 'Original Petition' ('OP' for the sake of brevity) is filed under Section 11(6) of 'The Arbitration and Conciliation Act, 1996 (Act 26 of 1996)' (hereinafter 'A and C Act' for the sake of brevity) obviously with a prayer for appointment of an arbitrator.

3. The arbitration agreement between the parties being an agreement within the meaning of section (2)(1)(b) read with Section 7 of A and C Act is in the form of a covenant in an agreement dated 22.04.2010 bearing reference No.06/PIA/EE/(P)/10-11 and the covenant is clause 25.

4. There is no disputation or disagreement before this Court about the existence of aforesaid arbitration agreement between the parties.

5. What is of significance in the application for appointment of arbitrator dated 19.08.2019 is, petitioner has suggested four names.

6. Learned State counsel now submits that vide communication dated 25.02.2020 bearing reference No.6-866/PAI/Pdy/EE(P)/2019-20/132 from the Executive Engineer (CIVIL) PIA, PUDUCHERRY, first of the four options, namely, Thiru.K.Balakrishnan, M.Tech, Chief Engineer, (Retd), CPWD has since been appointed as arbitrator. This appointment is acceptable for the petitioner.

7. This puts an end to instant OP.

8. Instant OP is disposed of recording the above position. Though obvious, it is made clear that aforesaid individual ap

Please Login To View The Full Judgment!

pointed as sole arbitrator shall enter upon reference and adjudicate upon arbitral disputes that have arisen between the parties and pass an award in accordance with A and C Act. 9. Instant OP disposed of on above terms. No costs.
O R