Unnikrishnan vs Southern Railway Represented By on 26 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AR.No. 4 of 2008()


1. UNNIKRISHNAN, PROPRIETOR,
                      ...  Petitioner

                        Vs



1. SOUTHERN RAILWAY REPRESENTED BY
                       ...       Respondent

2. THE DIVISIONAL ELECTRICAL ENGINEER

                For Petitioner  :SRI.K.B.GANGESH

                For Respondent  :R1I.N.B.SUNIL NATH,SC, RAILWAYS

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :26/06/2008

 O R D E R
                        PIUS.C.KURIAKOSE, J.
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                               A.R.No.4 OF 2008
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                    Dated this the 26th day of June, 2008

                                     ORDER

The prayer in the Arbitration Request is that the respondents be

directed to appoint an Arbitrator for settling the disputes which has

arisen between the parties in the context of execution of the contract by

the petitioner as provided under clause 63 (3) (i) of the General

Conditions of the contract. Though time was given to the respondents

who entered appearance through the standing counsel to file counter

affidavit, no counter affidavit is seen filed. The averments in the

application stand established by non-traverse. Learned counsel for the

petitioner submitted that it will be sufficient if that prayer is granted.The

application will stand allowed as prayed for. Accordigly, the

respondents are directed to appoint Arbitrator as provided in clause 63

(3) (i) of the General Conditions of Contract ( Annexure 1) so that the

Arbitrator can adjudicate the disputes raised by the petitioner within a

time frame. Needful in compliance with the above direction should be

done by the respondents within on month of receiving copy of this

order.

(PIUS.C.KURIAKOSE, JUDGE)

sv.