P.K. Krishnakumar vs the Chief Engineer - Court Judgment

SooperKanoon Citationsooperkanoon.com/1439550
CourtKerala Orders High Court
Decided OnJan-14-2022
Case NumberAR/36/2018
JudgeHonourable Mr. Justice Devan Ramachandran
AppellantP.K. Krishnakumar
RespondentThe Chief Engineer
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice devan ramachandran friday, the 14th day of january 2022 / 24th pousha, 1943 ar no. 36 of 2018 petitioner: p.k. krishnakumar, s/o.late c.k.nair, aged 69 years, managing partner, m/s.pn enterprises, xxii/267a, vaisakh, university post, thrikkakara, kochi-682022, ernakulam district.by adv sri.s.murali respondents: 1 the chief engineer (nw), naval base, kochi-682004. 2 the commander works engineers (nw) military engineer services, naval base p.o., kochi-682004. 3 garrison engineer 1 navy, lakshadweep. 4 garrison engineer fort kochi, kochi-682001. by adv sri.k.r.rajkumar - c.g.c. this arbitration request having come up for admission on 14.01.2022, the court on the same day passed the following:o r d e rwhen this matter was called today, learned counsel for the petitioner submitted that his client is no more. in the afore circumstances, i close this arbitration request, however, leaving full liberty to the legal heirs of the petitioner to seek a rehearing after impleading themselves, if they are so interested, in future. sd/- rr devan ramachandran judge appendix petitioner exhibits annexure a1 true photocopy of the contractagreement ca no cwe(nw) kochi/390f 2012-13 provision of two lattice mast for naval detachment at androth island lakshaweep with military engineer services with general conditions of contractsannexure a2 true photocopy of the communication no.pne/volt3/110 dated 21.04.2017 (pages 1 to 2) made by the petitioner to the 1st respondent seeking appointment of the arbitrator annexure a3 true photocopy of the communication dated 28.04.2017 made by the petitioner to the 1st respondent seeking appointment of the arbitrator and settlement of accounts annexure a4 true photocopy of the claim submitted by the petitioner to the 1st respondent dated 28.04.2017
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943 AR NO. 36 OF 2018 PETITIONER: P.K. KRISHNAKUMAR, S/O.LATE C.K.NAIR, AGED 69 YEARS, MANAGING PARTNER, M/S.PN ENTERPRISES, XXII/267A, VAISAKH, UNIVERSITY POST, THRIKKAKARA, KOCHI-682022, ERNAKULAM DISTRICT.

BY ADV SRI.S.MURALI RESPONDENTS: 1 THE CHIEF ENGINEER (NW), NAVAL BASE, KOCHI-682004. 2 THE COMMANDER WORKS ENGINEERS (NW) MILITARY ENGINEER SERVICES, NAVAL BASE P.O., KOCHI-682004. 3 GARRISON ENGINEER 1 NAVY, LAKSHADWEEP. 4 GARRISON ENGINEER FORT KOCHI, KOCHI-682001. BY ADV SRI.K.R.RAJKUMAR - C.G.C. THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 14.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

When this matter was called today, learned counsel for the petitioner submitted that his client is no more. In the afore circumstances, I close this Arbitration Request, however, leaving full liberty to the legal heirs of the petitioner to seek a rehearing after impleading themselves, if they are so interested, in future. Sd/- RR DEVAN RAMACHANDRAN JUDGE APPENDIX PETITIONER EXHIBITS ANNEXURE A1 TRUE PHOTOCOPY OF THE CONTRACT

AGREEMENT CA NO CWE(NW) KOCHI/390F 2012-13 PROVISION OF TWO LATTICE MAST FOR NAVAL DETACHMENT AT ANDROTH ISLAND LAKSHAWEEP WITH MILITARY ENGINEER SERVICES WITH GENERAL CONDITIONS OF CONTRACTS

ANNEXURE A2 TRUE PHOTOCOPY OF THE COMMUNICATION NO.PNE/VOLT3/110 DATED 21.04.2017 (PAGES 1 TO 2) MADE BY THE PETITIONER TO THE 1ST RESPONDENT SEEKING APPOINTMENT OF THE ARBITRATOR ANNEXURE A3 TRUE PHOTOCOPY OF THE COMMUNICATION DATED 28.04.2017 MADE BY THE PETITIONER TO THE 1ST RESPONDENT SEEKING APPOINTMENT OF THE ARBITRATOR AND SETTLEMENT OF ACCOUNTS ANNEXURE A4 TRUE PHOTOCOPY OF THE CLAIM SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 28.04.2017