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2022 Supreme(Mad) 1473

M. SUNDAR
K. P. R. Constructions Rep. by its Power Agent B. Chandra Sekhar Reddy – Appellant
Versus
Union of India Rep by the General Manager Southern Railway, Chennai – Respondent


Advocates appeared:
For the Petitioner:S. Amalaraj Penikilapatti, Advocate. For the Respondents: P.T. Ramkumar, standing counsel for Southern Railways.

JUDGMENT

1. This order will dispose of the captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity].

2. Mr.Amalaraj S.Penikilapatti, learned counsel on record for sole petitioner and Mr.P.T.Ramkumar, learned standing counsel for Southern Railways on behalf of three respondents are before this Court.

3. This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 24.03.2022 which reads as follows:

'Captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] has been presented in this Court on 04.03.2022 under Section 11(6) of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience and clarity] with a prayer for appointment of a sole arbitrator.

2. Mr.Amalaraj S.Penikilapatti, learned counsel for sole petitioner who is before this Court submits that the captioned Arb OP is predicated on clause 64 of 'General Conditions of Contract' ['GCC'] which forms part of a 'contract dated 09.01.2012' [hereinafter 'primary contract' for the sake of convenience and clarity] between the pet

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