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1 Arb O.P(COM.DIV.) No. 84 of

2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-01-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

Arb O.P(COM.DIV.) No. 84 of 2026

M/s.K.S. & Company

Represented by its Partner,

Mr.K.Sundaresan, 4/150, Lake Area

Main Road, Uthangudi Post,

Madurai - 625 107.

..Petitioner(s)

Vs

1. The Executive Engineer

Irrigation Division, Public Works

Department, Puducherry - 605 001.

2.The Chief Engineer

Public Works Department,

Puducherry -605001

Respondent(s)

PRAYER

Petition filed under Section 15(2) of the Arbitration and Conciliation Act,

1996, to appoint a substitute Arbitrator in place of Honourable Mr.Justice

Pongiappan (Retd.), Sole Arbitrator, to continue the arbitral proceedings

between the Petitioner and the respondents, arising under the Agreement

No.80/PW/ID/A2/2014-2015, from the state at which it was before Honourable

Mr.Justice G.Rajasuriya.

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2 Arb O.P(COM.DIV.) No. 84 of

2026

For Petitioner(s): Mrs. Mithreyi Kasthurirangan

For Respondent(s): Mr. V. Vasanthakumar

Additional Government Pleader

ORDER

This petition has been filed under Section 15(2) of the Arbitration and

Conciliation Act, 1996 [hereinafter referred to as ‘the Act’], to substitute the

Arbitrator in the place of Hon’ble Mr. Justice R. Pongiappan (retired) to

continue with the earlier proceedings between the petitioner and the respondent

arising out of the work order dated 08.08.2014.

2.Heard the learned counsel for the petitioner and the learned

Government Advocate appearing on behalf of the respondents.

3.It is seen from the records that the statement of claim along with the

documents, was originally filed before the Hon'ble Mr. Justice G. Rajasuria

(late). On his demise, the matter was placed before the Hon’ble Mr. Justice R.

Pongiappan (retired). The Hon’ble Judge through proceedings dated

09.9.2025, has terminated the proceedings. In view of the same, the present

petition has been filed for substituting the Arbitrator.

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3 Arb O.P(COM.DIV.) No. 84 of

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4.The learned counsel for the petitioner submitted that the original

statement of claim, along with the documents, was filed before the Hon'ble Mr.

Justice G. Rajasuria (late) and in view of his demise, the same is not able to be

traced. Hence, the learned counsel requested this Court to pass appropriate

orders in this regard.

5.In the considered view of this Court, the proceedings were pending at

the stage of filing the amended statement of claim. However, no effective

hearing has commenced in this case. Therefore, instead of wasting time to

retrieve the original statement of claim along with the documents, it will suffice

if the true copy of the statement of claim, along with the documents, is placed

before the Arbitrator who is going to be appointed by this Court. Thereafter, the

Sole Arbitrator appointed by this Court shall commence the proceedings from

the stage of filing of the amended statement of claim.

6.Taking into consideration the facts and circumstances of the case and

the materials placed before this Court, this Court proceeds to appoint a Sole

Arbitrator. Accordingly, Mr.E.Om Prakash, Senior Counsel, No.321, Old

No.155, II Floor, Thambu Chetty Street (opp. To MHC), Parrys, Chennai 600

001 [Mobile: 9444045745], is appointed as sole Arbitrator. The sole Arbitrator

is requested to enter upon reference, adjudicate upon arbitrable disputes that

have arisen between the parties. The Arbitrator shall holds holding sittings in

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4 Arb O.P(COM.DIV.) No. 84 of

2026

the 'Madras High Court Arbitration Centre under the aegis of this Court'

(MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 and

fee of Hon'ble sole Arbitrator shall be in accordance with the Madras High

Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees)

Rules 2017.

7. This petition