IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE B.VEERAPPA CIVIL MISCELLANEOUS PETITION NO.341 OF 2017 BETWEEN:
M/S. PARAMOUNT GARMENT PROCESSING UNIT, A REGISTERED FIRM, REPRESENTED BY ITS MANAGING DIRECTOR, SRI. D. MAHESH KUMAR, S/O. SRI. D. GANESH SHANKAR, AGED ABOUT 41 YEARS, PRESENTLY R/O. FLAT NO.502, 5TH FLOOR, INDIRA IRIS, THANISANDRA MAIN ROAD, SARAIPALYA, BENGALURU - 560 077. ...PETITIONER (BY SRI HARISH KUMAR M S, ADVOCATE) AND:
1. SENIOR DIVISIONAL MECHANICAL ENGINEER, SOUTH-WEST RAILWAY, MECHANICAL BRANCH, BENGALURU-560 023.
2. UNION OF INDIA, GENERAL MANAGER, SOUTH WESTERN RAILWAY, GADAG ROAD, HUBLI – 20.
(CAUSE TITLE HAS BEEN AMENDED AS PER THE HON’BLE COURT ORDER DATED: 10.10.19). RESPONDENTS (BY SRI ABHINAY Y T, ADVOCATE) - - -
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11 (6) READ WITH 11 (10) OF THE ARBITRATION AND CONCILIATION ACT, 1996 (AMENDED 3 OF 2016 ACT) PRAYING TO APPOINT AN INDEPENDENT ARBITRATOR TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT AS BROUGHT OUT IN PARA NO.11 OF THIS PETITION BETWEEN THE PETITIONER AND THE RESPONDENTS RELATING TO THE SR.DME/SWR/SBC ISSUED A LOA NO.B/M.271/CONT/BEDROLL/12213-14 AND 16561-62/2013 DATED: 07.03.2013 AND AGREEMENT NO.06/MECH/SBC/2013, DATED: 14.05.2013 AS DETAILED BY THE PETITIONER IN HIS LEGAL NOTICE DATED: 16.09.2017 (ANNEXURE-J) AND TO PASS SUCH OTHER ORDER/S AS THIS HON’BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The present Civil Miscellaneous Petition is filed by the petitioner under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of sole Arbitrator to adjudicate the dispute in terms of Clause-64.3 of the Agreement of Works dated 12.04.2013 entered into between the parties.
2. Both the learned counsel for the parties submits that the issue is already considered and decided by this Court in the case of M/s Paramount Garment Processing Unit vs. Senior Division Mechanical Engineer and another, made in CMP No.338/2017 dated 01.02.2019. The said submission is placed on record.
3. Following the order passed by this Court stated supra, it is stated by both the learned counsel for the parties that, General Manager, South Western Railway, may be directed to appoint retired Railway Officer as sole Arbitrator to adjudicate the dispute between the parties and the petitioner be given a choice of three retired Railway Officers, out of which he would give consent with one of them. The same has not been opposed by the learned counsel for the respondent.
4. In view of the above, Civil Miscellaneous petition is disposed off with a direction to the General Manager, South Western Railway that he shall give panel of three retired Railway Officers to the petitioner within a period of four weeks from the date of receipt of a certified copy of this order and on such receipt of the communication, the petitioner to give consent in respect of one of those Officers within a period of one week thereafter and on receipt of consent from the petitioner, General Manager, South Western Railway shall appoint the said Officer in respect of whom consent will be given by the petitioner as Sole Arbitrator to adjudicate the dispute between the parties.
All the contentions raised by both the parties are left open and the same shall be decided by the sole Arbitrator in accordance with law.
Sd/- JUDGE ykl