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2007 Supreme(Mad) 2954

S.RAJESWARAN
Madras Fertilizers Limited, Manali, Chennai – Appellant
Versus
SICGIL India Limited, rep. by Mr. V. N. Vijayayakumar, Company Secretary – Respondent


For the Petitioners:A.L. Somayaji, Senior Advocate for M/s. Aiyar, Dolia, Advocates. For the Respondent:T.K. Seshadri, Senior Advocate for M/s. T.K. Bhaskar, Advocates.

Judgment :

1. The Original Petition is filed to appoint a fresh Arbitrator terminating the present Arbitrator terminating the present Arbitrator and fix the Arbitrator’s remuneration as not more than Rs.6 lakhs in all payable by the petitioner and respondent.

2. The Madras Fertilizers Limited (MFL) a public sector undertaking has filed the above Petition under Section 14 r/w 11(6) of the Act 1996.

.3. The brief facts leading to the above Petition are as under:

.The petitioner entered into an agreement for the supply of Co2, a by-product of the petitioner Company with the first respondent. The first respondent agreed to pay the required price. Dispute arose regarding payment and the first respondent declined to pay the amount as per the reading recorded by the flow meter. The petitioner filed C.S. No.299 of 2003 for the recovery of the amounts due and the first respondent declined to pay the amount as per the reading recorded by the flow meter. The petitioner filed C.S.No.299 of 2003 for the recovery of the amounts due and the first respondent filed a Petition under Section 11 of the Act 1996 in O.P. No.338 of 2003. This Court by Order dated 1.04.2006 appointed the second respond










































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