RAMKY INFRASTRUCTURE LTD Vs. CHIEF ENGINEER R AND B CRN
LAWS(APH)-2019-3-118
HIGH COURT OF ANDHRA PRADESH
Decided on March 27,2019

Ramky Infrastructure Ltd Appellant
VERSUS
Chief Engineer R And B Crn Respondents

JUDGEMENT

Sanjay Kumar, J. - (1.)By way of this application filed under Section 11(4) and (6) of the Arbitration and Conciliation Act, 1996 (for brevity, 'the Act of 1996'), Ramky Infrastructure Limited, Hyderabad, seeks appointment of a Presiding Arbitrator in terms of Clause 20.6 of the General Conditions of Contract to resolve its claim for a sum of Rs.129,56,12,088/- raised against the Andhra Pradesh Road Development Corporation, Vijayawada, represented by its Managing Director-cum-Chief Engineer (R & B) CRN.
(2.)In the affidavit filed in support of the application, the authorised signatory of the applicant company stated that Contract Agreement bearing No.7/2012-13/CE (R&B) CRN & MD, APRDC dated 02.08.2012 was executed by and between the parties at Hyderabad in relation to the widening and strengthening of Pedana - Nuzuvid - Vissannapet Road from Km.7/0 to Km.58/920 in Krishna District, Andhra Pradesh. Disputes having arisen in relation to this contract, the parties went before the duly constituted Dispute Board but as both of them were dissatisfied with the decision/recommendation of the Dispute Board, they decided to commence arbitration. Letter dated 15.10.2018 of the respondent corporation and the letter dated 17.10.2018 of the applicant company stand witness to this fact.
(3.)The applicant company nominated Sri D.Sree Rama Murthy, Retired Chief Engineer (R & B), as an Arbitrator, vide its letter dated 10.12.2018, while the respondent corporation appointed Sri M.Krishna Murthy, Retired Chief Engineer (R & B), as its nominated Arbitrator, vide letter dated 26.10.2018. As the named Arbitrators failed to nominate an Umpire/Presiding Arbitrator, the applicant company is before this Court.
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