IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.01.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Superior Aircon Priavate limited, Represented by its Director, Mr.Sumeet Rai, Having its Corporate office at, BU-4, SFS Flats, Outer Ring Road, Pitampura, Delhi - 110 034, India.

Appellant(s)

Vs Union of India, Through Deputy Chief Electrical Engineer, Construction, Southern Railways, 6th Floor, Park Town, Poonamallee High road, Egmore, Chennai - 600 008.

Respondent(s)

PRAYER: Arbitration Original Petition (Commercial Division) filed under Section 11(6)(a) & (c) of the Arbitration and Conciliation Act, 1996, praying to appoint an arbitrator to resolve the disputes between the Petitioner and the Respondent in terms of Clause 64 of the General Conditions of Contract, 2020.

For Petitioner(s) : Mr.Hari Narayanan for Ms.Deepika Murali

ORDER

This petition has been filed under Section 11(6)(a) & (c) of the Arbitration and Conciliation Act, 1996, to appoint an arbitrator to resolve the disputes between the Petitioner and the Respondent in terms of Clause 64 of the General Conditions of Contract, 2020.

2. When the matter came up for admission on 01.12.2025, this Court passed the following orders:

“This petition has been filed under Section 11(6)(a) & (c) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') to appoint an arbitrator to resolve the disputes between the petitioner and the respondent in terms of Clause 64 of the General Conditions of Contract, 2020.

2.The agreement provides for referring the dispute for Arbitration under Clause 64 and the same is extracted hereunder:-

"Clause 64.1 - Demand for Arbitration

64.(1)(i): In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the Contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in of the "excepted matters" referred to in Clause 63.1 of these conditions, the Contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters shall demand in writing that the dispute or difference be referred to Arbitration.

64.(1)(ii)(a) The demand for arbitration shall specify the matters which are in question, or subject of the dispute or difference as also the amount of claim item-wise. Only such dispute of difference, in respect of which the demand has been made, together with counter claims or set off, given by the Railway, shall be referred to arbitration and other matters shall not be included in the reference.

64.(1)(ii)(b): The parties may waive off the applicability of Sub-

Section 12(5) of Arbitration and Conciliation [Amendment] Act 2015, if they agree for such waiver in writing, after dispute having arisen between them, in the format given under Annexure XV of these conditions.

64.(1)(iii)(a): The Arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway.

64.(1)(iii)(b): The claimant shall submit his claims stating the facts supporting the claims along with all the relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal.

64.(1)(iii)(c): The Railway shall submit its defence statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal, unless otherwise extension has been granted by Tribunal.

64.(1)(iii)(d): Place of Arbitration: The place of arbitration would be within the geographical limits of the Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway or any other place with the written consent of both the parties.

64.(1)(iv): No new claim shall be ad