S. Muthuswamy v. Chief Engineer/Construction Works Branch, Southern Railway, Madras
1991-03-22
A.R.LAKSHMANAN
body1991
DigiLaw.ai
Judgment :- 1. The suit is to direct the 1st respondent Chief Engineer/Construction Works Branch, Southern Railway, Madras-8 to file the Arbitration Agreements bearing No. 81/CN/84 dated 6.11.1984, No. 16/CN/84 dt. 15.2.1984 and No. 82/CN/84 dated 6.11.1984 into this Court and to refer the dispute to arbitration in terms of agreements. The suit is filed by the Contractor for the above relief. 2. I have heard Mr. B.T. Seshadri on behalf of the Contractor and Mr. V.R. Gopalan on behalf of the Railways. I have also perused the affidavit filed in support of the suit and the counter statement filed on behalf of the railways. 3. The General Manager, Southern Railway will follow the procedure in accordance with Clause 63(3)(ii) and clause 63(3)(b) of the General Conditions of Contract and appoint two Arbitrators to decide the dispute and differences that have arisen between the contractor and the Southern Railway. All the disputes that have already been raised by both parties in the affidavit filed in support of the suit and also in the counter affidavit will be decided by the two arbitrators. The arbitrators so appointed shall dispose of the matter and pass the Award within four months from the date of entering upon the reference. 4. The procedure with regard to the appointment of two arbitrators shall be completed within six weeks from this date.