Advocates:
['M/S K G SENTHILKUMAR', '', 'M SURESHSANKAR', 'PUBLIC PROSECUTOR']

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

TUESDAY, THE 21ST DAY OF JUNE 2022

THE HON'BLE MR. JUSTICE M.SUNDAR

ARB .O.P(COM.DIV.) No.200 of 2022

In the matter of Arbitrtion and

Conciliation Act, 1996

and

In the matter of Arbitration

agreement dated 12.04.2012

Between M/s.DEE-TECH

PROJECTS PVT.LTD. And

M/S.BATLIBOI

ENVIRONMENTAL

ENGINEERING LTD.,

* M/S. DEETECH PROJECTS PVT.LTD.

Rep.by its Managing Director, Mr. S.Sivaraman,

No.129, 2nd Floor, Aani Street,

Chinmaya Nagar,

Chennai -600 092

* (Amended as per order dated-28.4.2022

in A.No.1912/2022).

..Petitioner

-Vs-

M/S.BATLIBOI ENVIRONMENTAL ENGINEERING LTD.,

Represented by its Divisional Manager

Mr. Vilas M. Gharat

SPARTAN HOUSE,

1st Floor, Plot No. B/29,

Road No.18/S,

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Wagle Estate,

Thane (W) – 400604

..Respondent

Arbitration Original Petition (Commercial Division) praying that

this Hon'ble court be pleased to appoint an arbitrator for adjudicating the

dispute arising between the applicant and respondent in respect to the work

order that was awarded to the consortium vide LOA No.

CMWSSB/CNT/C2/W/CNT/SEW/NCB/JNNURM/122/2010-2011, dated

21.11.2011.

This Arbitration Original Petition (Commercial Division)

coming on this day before this court for hearing the court made the

following order:

Captioned 'Arbitration Original Petition' [hereinafter 'Arb. OP' for

the sake of convenience and clarity] has been presented in this Court on

04.04.2022 with a prayer for appointment of an Arbitrator.

2. Mr.A.Praveen Alexander, learned counsel for petitioner who is

before this Court submits that captioned Arb.OP is predicated on Clause 11

captioned 'DISPUTE' in an agreement captioned 'CONSORTIUM

AGREEMENT dated 12.04.2012' (hereinafter 'primary contract' for the sake

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of convenience and clarity).

3. Clause 11 of primary contract serves as arbitration agreement

between the petitioner and respondent i.e., arbitration agreement within the

meaning of Section 2(1)(b) read with Section 7 of 'The Arbitration and

Conciliation Act, 1996 (Act 26 of 1996)' [hereinafter 'A and C Act' for the

sake of brevity, convenience and clarity] is learned counsel's say.

4. Learned counsel submits that primary contract was with regard

to a tender floated by 'Chennai Metropolitan Water Supply and Sewerage Board'

['CMWSSB' for the sake of convenience and clarity] and work that has to be

done thereunder. Learned counsel submits that primary contract ran into

rough weather and arbitrable dispute erupted owing to alleged lack of

interest on the part of the respondent leaving it to the petitioner to complete

the project in full. It is not necessary to dilate further on arbitrable disputes

as this is a Section 11 legal drill which has to perambulate within the

statutory perimeter sketched by sub-section (6A) thereat. Suffice to say that

a notice invoking arbitration being 'notice dated 12.03.2022' ('trigger notice'

for the sake of convenience) was issued by the petitioner and this was duly

served on the respondent on 17.03.2022. There has been no response from

the respondent necessitating the presentation of captioned Arb.OP in this

Court on 04.04.2022 is learned counsel's further say.

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5. Prima facie case for issue of notice made out.

6. Issue notice to respondent returnable by a fortnight i.e.,

returnable by 05.07.2022. Private notice permitted.

List on 05.07.2022.

Sd/.M.S.J.

21.06.2022

//Certified to be a true copy//

Dated at Madras this the day of 2022.

SU./28.06.2022 COURT OFFICER(O.S.)

From 25.09.2008 the Registry is issuing certified copies of the

Orders/Judgments/Decrees in this format.