The Pangode Co-Operative Society ... vs The New India Assurance Co. Ltd. (A ...
2021 Latest Caselaw 15020 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                            AR NO. 47 OF 2016
APPLICANT:

             L.SUNITHA,
             T.C 6/2046, POIKKAMARAVILA, ELIPODE, VATTIYOORKAVU,
             THIRUVANANTHAPURAM- 695 013.

             BY ADVS.
             SRI.LIJU.V.STEPHEN
             SMT.INDU SUSAN JACOB



RESPONDENTS:

    1        UNION OF INDIA,
             REPRESENTED THROUGH THE RAILWAY ADMINISTRATION,
             DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY,
             THIRUVANANTHAPURAM-14

    2        GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE,
             GENERAL BRANCH, PARK TOWN, CHENNAI- 600 003.

    3        CHIEF COMMERCIAL MANAGER,
             SOUTHERN RAILWAY, CHENNAI.

    4        MR. CHANDER SHEKHAR,
             THE SENIOR DIVISIONAL ENGINEER/NORTH, TRIVANDRUM
             DIVISION, SOUTHERN RAILWAY, THIRUVANANTHAPURAM-14.

    5        SENIOR DIVISIONAL COMMERCIAL MANAGER,
             SOUTHERN RAILWAY, THIRUVANANTHAPURAM-14.

             BY ADVS.SRI.B.RAJESH, SC, RAILWAYS


     THIS    ARBITRATION   REQUEST   HAVING   COME   UP   FOR   ADMISSION   ON
25.08.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 AR NO. 47 OF 2016
                                   -2-

                                 ORDER

I notice that this Arbitration Request has

been pending before this Court for the last more

than five years.

2. When this matter was called today, the

learned Counsel for the applicant - Sri.Liju

V.Stephen, was unable to inform this Court whether

his client is still interested in pursuing this

Arbitration Request.

In the afore circumstances, I close this

Arbitration Request; however, leaving liberty to

the applicant to seek a rehearing, if further

orders are found necessary.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv AR NO. 47 OF 2016

APPENDIX APPLICANT'S ANNEXURES:

ANNEXURE A1 A TRUE COPY OF THE AGREEMENT DATED 19.12.2021 ENTERED INTO BETWEEN THE 1ST RESPONDENT AND THE PETITIONER.

ANNEXURE A2 A TRUE COPY OF THE REFERENCE NOTICE ISSUED BY PETITIONER TO 3RD RESPONDENT.

ANNEXURE A3 A TRUE COPY OF THE ORDER DATED 6.4.2015 APPOINTING 4TH RESPONDENT AS THE ARBITRATOR.

ANNEXURE A4 A TRUE COPY OF THE CLAIM STATEMENT FILED BY THE PETITIONER.

ANNEXURE A5 A TRUE COPY OF THE OBJECTION DATED 17.11.2015 FILED BY THE PETITIONER.

ANNEXURE A6 A TRUE COPY OF THE ORDER DATED 28.01.2015 ISSUED BY 3RD RESPONDENT.

ANNEXURE A7 A TRUE COPY OF THE JUDGMENT DATED 30.3.2016 IN W.P.(C)NO.8691/2016.

ANNEXURE A8 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS 1 TO 3 AND 5 IN W.P.(c)NO.8691/2016.