Full Judgment
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE10H DAY OF FEBRUARY201421ST MAGHA, 1935 AR.No. 56 of 2010 ( ) ---------------------- APPLICANTS/LEGAL HEIRS OF DECEASED CONTRACTOR C ALEX: ----------------------------------------------------------------------------------------------- 1. AMMINI ALEX, W/O. DECEASED C.ALEX, SAJI BHAVANAM, IRUMPANAGADU POST, EZHUKONE, KOLLAM DISTRICT.
2. SAJI P.ALEX, S/O. DECEASED C. ALEX, SAJI BHAVANAM, IRUMPANAGADU POST, EZHUKONE, KOLLAM DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER BOBAN G, AGED42YEARS S/O. GEEVARGHESE, VAZHAVILA KADAYIL PUTHENVEEDU EDAMULACKAL, AYOOR P.O., AYOOR.
3. ANI.P.ALEX, S/O. DECEASED C.ALEX, SAJI BHAVANAM, IRUMPANAGADU POST, EZHUKON, KOLLAM DISTRICT. BY ADVS.SRI.V.J.JOSEPH SMT.M.V.LIGI RESPONDENT(S): ---------------------------- 1. THE GENERAL MANAGER, SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, PARK TOWN, CHENNAI -3.
2. THE CHIEF ENGINEER (CONSTRUCTION), SOUTHERN RAILWAY, ERNAKULAM.
3. THE DEPUTY CHIEF ENGINEER, CONSTRUCTION, SOUTHERN RAILWAY, TRIVANDRUM. R1-3 BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON1002-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AR NO. 56/2010 APPENDIX APPLICANTS ANNEXURES ANNEXURE A1 : TRUE COPY OF THE GENERAL POWER OF ATTORNEY DATED2006.2008 EXECUTED BY2D APPLICANT IN FAVOUR OF BOBAN G. ANNEXURE A2 : TRUE COPY OF ARBITRATIONAGREEMENT NO. 11/CN/TVC/2005 DATED1207.2005 EXECUTED BY RAILWAYADMINISTRATIONAND THE DECEASED CONTRACTOR C ALEX. ANNEXURE A3 : TRUE COPY OF FINAL CLAIM LETTER DATED2304.2010 ISSUED BY THE APPLICANTS TO THE RESPONDENTS. ANNEXURE A4 : TRUE COPY OF DEMAND FOR ARBITRATION DATED1609.2010 ISSUED TO THE1T RESPONDENT ANNEXURE A5 : TRUE COPY OF ACKNOWLEDGEMENT CARD RETURNED EVIDENCING THE RECEIPT OF ANNEXURE A4. ANNEXURE A6 : TRUE COPY OF THE RELEVANT CLAUSES OF ARBITRATION AGREEMENT IN THE GENERAL CONDITIONS OF CONTRACT OF THE RAILWAY ADMINISTRATION. RESPONDENT(S) ANNEXURES: ANNEXURE R3(a) : TRUE COPY OF THE RELEVANT PORTIONS OF THE GENERAL CONDITIONS OF CONTRACT (CIVIL ENGINEERING WORKS) ANNEXURE R3(b) : TRUE COPY OF THE REPRESENTATION DATED2811.2007 SUBMITTED BY THE CONTRACTOR BEFORE THE RAILWAYADMINISTRATION. ANNEXURE R3(c) : TRUE COPY OF THE RIDER AGREEMENT DATED2603.2008 EXECUTED BY THE CONTRACTOR, SRI. ALEX AND THE RESPONDENT ANNEXURE R3(d) : TRUE COPY OF THE DEED DATED2008.2008 EXEED BY SRI. SAJI P. ALEX. ANNEXURE R3(e) : TRUE COPY OF THE POWER OF ATTORNEY DATED2308.2008 EXECUTED IN FAVOUR OF BOBAN. ANNEXURE R3(f) : TRUE COPY OF THE LETTER DATED0310.2009 SUBMITTED BY SRI. BOBAN, POWER OF ATTORNEY OF THE PETITIONERS. ANNEXURE R3(g) : TRUE COPY OF THE LETTER DATED1002.2010 SUBMITTED BY SRI. BOBAN, POWER OF ATTORNEY OF THE PETITIONERS. ANNEXURE R3(h) : TRUE COPY OF THE LETTER DATED2209.2010 OF THE1T RESPONDENT ANNEXURE R3(i) : TRUE COPY OF THE LETTER DATED3009.2010 OF THE EXECUTIVE ENGINEER OF THE2D RESPONDENT'S OFFICE. /TRUE COPY/ P.A. TO JUDGE. V. CHITAMBARESH, J -------------------------------- A.R. NO. 56 OF2010------------------------------------ Dated this the 10th day of February, 2014 ORDER
The applicants are the legal heirs of a contractor entrusted with the execution of work by the respondents. The contractor died and his legal heirs put in a claim to the tune of about `1 crore. The demand was not responded to following which the applicants wanted arbitration of the dispute. Even the request for arbitration has not been favoured by the respondents. This has compelled the applicants to file this Arbitration Request.
2. Clause 64(1)(i) of the Arbitration Agreement executed between the parties empowers the resolution of the dispute by arbitration. That the controversy is an arbitratable dispute is not open to doubt in the light of the stand taken by either parties. The respondents rely on a 'no claim certificate' allegedly issued by the power of attorney holder of the applicants. The amplitude of the power given to such holder and the efficacy of that 'no claim certificate' shall also be considered in the arbitration dispute. 2 AR No. 56/2010 3. I therefore appoint Mr. Justice P.S.Gopinathan (retired) as the sole arbitrator to decide the dispute. It is open to the arbitrator to fix his remuneration and also the venue for hearing. Every endeavour shall be made to complete the proceedings within a period of six months. The Arbitration Request is disposed of. V. CHITAMBARESH JUDGE ncd