High Court Kerala High Court

T.K.Alikutty vs The General Manager on 28 October, 2009

Kerala High Court
T.K.Alikutty vs The General Manager on 28 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AR.No. 47 of 2008()


1. T.K.ALIKUTTY, GOVERNMENT CONTRACTOR,
                      ...  Petitioner

                        Vs



1. THE GENERAL MANAGER, SOUTHERN RAILWAY,
                       ...       Respondent

2. THE CHIEF ENGINEER/NORTH/MS,

                For Petitioner  :SRI.MEIJO KURIAN PUVATHINGAL

                For Respondent  :SRI.R.SATISH KUMAR

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :28/10/2009

 O R D E R
        THOTTATHIL B. RADHAKRISHNAN, J.

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                A.R.47 of 2008

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    Dated this the 28th day of October, 2009.

                   O R D E R

This matter relates to an arbitration in terms of

the provisions of a contract of the Southern

Railway. The terms of the contract provide for

arbitration. The stand in the statement is that

the competent authority had nominated an

arbitrator from among its Gazetted Officers. But,

that nomination is made much after the

institution of this arbitration request. It is,

therefore, available to the petitioner to contend

that due action having not been taken within the

time limit, the Court may appoint an arbitrator.

Having regard to the nature of the questions

arising for decision in the arbitration

proceedings, Sri.O.Ramachandran Nambiar, District

Judge (Retired) is appointed as arbitrator to

enter on reference and complete the proceedings

AR47/2008 -: 2 :-

in accordance with the provisions of the

Arbitration and Conciliation Act, 1996. Let the

arbitration proceedings conclude within six

months from the date of claim statement of the

petitioner and the copy of this order.

THOTTATHIL B.RADHAKRISHNAN,
JUDGE.

Sha/061109