IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08/04/2005
CORAM
THE HON'BLE MR.MARKANDEY KATJU, THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE F.M.IBRAHIM KALIFULLA
W.A. No. 1420 of 2003
M/s.United Telecoms Ltd.,
rep. by its Director C.Basava Purniah,
Bangalore-560 048. Appellant
-Vs-
1. Bharat Sanchar Nigam Ltd.,
Chennai Telephones,
7, Kushkumar Road,
Nungambakkam, Chennai-34.
2. The Divisional Engineer,
(Transmission Planning I),
BSNL, Chennai Telephones,
7, Kushkumar Road, II Floor,
Nungambakkam, Chennai-34. ... Respondents
Prayer: Appeal under clause 15 of the Letters Patent against the
order of this Court made in W.P.No.24091 of 2002 dated 13.2.2003.
!For Appellant :: Mr.K.Subramanian, senior counsel for
Mr.M.Mohammed Shafi.
^For Respondents :: Mr.V.T.Gopalan, Addl. Solicitor General
assisted by Mr.S. Udayakumar, SCGSC.
:JUDGMENT
(Judgment of the Court was delivered by
The Hon’ble Chief Justice.)
This writ appeal has been filed against the impugned judgment
of the learned single Judge dated 13.2.2003. We have heard the learned senior
counsel for the parties and perused the records.
2. The claim of the writ petitioner was for a refund of the
bid security given as a bank guarantee, which has been encashed by the second
respondent.
3. Mr.V.T.Gopalan, learned Additional Solicitor General
appearing for Bharat Sanchar Nigam Limited has invited our attention to the
arbitration clause signed by the parties, which states:-
“In the event of any question, dispute or difference arising under
this agreement or in connection therewith except as to matter the decision of
which is specifically provided under this agreement, the same shall be
referred to sole arbitration of the Chief General Manager, Chennai Telephones,
Chennai-10 or in case his designation is changed or his office is abolished
then in such case to the sole arbitration of the officer for the time being
entrusted whether in addition to the functions of the Chief General Manager,
Chennai Telephones or by whatever designation such officers may be called
(hereinafter referred to as the said officer) and if the Chief General Manager
or the said officer is unable or unwilling to act as such the sole arbitration
or some other person appointed by the Chief General Manager or the said
officer.”
4. In our opinion the appellant can invoke this arbitration
clause and if he does so, the arbitrator will decide the controversy
preferably within three months of the presentation of the application before
the arbitrator. In view of this alternative remedy, the writ appeal is
disposed off without going into the merits of the case. No costs.
Index: Yes.
Internet: Yes.
ns.
To
1. Bharat Sanchar Nigam Ltd.,
Chennai Telephones,
7, Kushkumar Road,
Nungambakkam, Chennai-34.
2. The Divisional Engineer,
(Transmission Planning I),
BSNL, Chennai Telephones,
7, Kushkumar Road, II Floor,
Nungambakkam, Chennai-34.