[Cites 0, Cited by 0]
Kerala High Court
M/S Ray Engineering Pvt. Ltd vs Cochin International Airport Limited ... on 9 January, 2026
2026:KER:1535
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 9TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947
AR NO. 287 OF 2025
PETITIONER(S)/PETITIONER:
M/S RAY ENGINEERING PVT. LTD
RAY COMPOUND, PLOT NO.02,
I.I.T POST, POWAI, MUMBAI,
REPRESENTED BY ITS AUTHORISED POWER OF ATTORNEY,
MR. PRAMOD KUMAR,
AGED 56 YEARS,
S/O MR. P. RAMAN,
PARAMBATH HOUSE, KONIKKARA P.O,
THRISSUR DISTRICT, KERALA 680 306, PIN - 400076
BY ADVS.
SRI.JIKKU SEBAN GEORGE
SMT.DEEPTI SUSAN GEORGE
SMT.SHRUTHI BALAKRISHNAN
RESPONDENT(S)/RESPONDENTS:
1 COCHIN INTERNATIONAL AIRPORT LIMITED (CIAL)
KOCHI AIRPORT P.O,
ERNAKULAM, KERALA,
HAVING REGISTERED OFFICE AT NO. 35,
4TH FLOOR, GCDA COMPLEX,
MARINE DRIVE, KOCHI,
KERALA - 682 031., PIN - 683111
2 KERALA INDUSTRIL AND TECHNICAL
CONSULTANCY ORGANISATION LTD (KITCO),
M.M GARDENS, CHURCHLANDINGROAD,
NEARFINEARTSHALL, PALLIMUKKU,
KOCHI, KERALA.
REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 682016
AR NO. 287 OF 2025 2026:KER:1535
2
BY ADVS.
SMT.ANJALI MENON
SRI.P.K.SURESH KUMAR (SR.)
OTHER PRESENT:
ADV MILLU DANDAPANI, SC
THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 09.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
AR NO. 287 OF 2025 2026:KER:1535
3
JUDGMENT
Petitioner responded to Annexure A Notice Inviting Tender,
issued by the 1st respondent. The work was awarded to the
petitioner. Annexure B is a communication dated 02.04.2019
issued by the Managing Director of the 1 st respondent. The 2nd
respondent was appointed as the Engineer-in-charge of the work.
Work order was issued by a communication dated 16.07.2019. A
formal agreement was entered into between the petitioner and the
1st respondent on 07.09.2019. A copy of the agreement along with
the General Conditions of Contract and Special Conditions of
Contract is produced as Annexure E.
2. The work site was handed over to the petitioner
on 27.05.2019 and the work was commenced. Disputes arose
between parties regarding the execution of the work. The
petitioner submitted a statement of claim seeking compensation
under various heads amounting to Rs.16.55 Crores. Annexure G is
a communication dated 06.08.2025, raising the claim for
compensation. Though a meeting was convened by the 1 st
respondent to discuss the issues, there was no positive outcome.
Thereafter, the petitioner, by a letter dated 16.09.2025, invoked
the arbitration clause under clause 57 of Annexure E. The
AR NO. 287 OF 2025 2026:KER:1535
communication dated 16.09.2025 is produced as Annexure H. the
1st respondent thereafter unilaterally appointed an Arbitrator and
this was communicated to the petitioner by Annexure I dated
11.11.2025. The petitioner issued Annexure J on 15.11.2025
pointing out that unilateral nomination of the Arbitrator is
impermissible. Another communication was issued by the 1 st
respondent on 19.11.2025, which is produced as Annexure K. As
there was dispute regarding nomination of the Arbitrator, this
arbitration request was filed.
3. Notice was issued and respondents have entered
appearance.
4. Heard the learned Counsel for the petitioner, the
learned Senior Counsel appearing for the 1st respondent and the
learned Counsel for the 2nd respondent. Perused the pleadings and
documents.
5. Serious disputes have arisen between the
petitioner and the 1st respondent. The petitioner has raised a claim
for an amount of Rs. 16.55 Crores as compensation. In view of the
specific clause in Annexure E regarding resolution of disputes
through arbitration, I am of the view that this arbitration request
can be allowed.
AR NO. 287 OF 2025 2026:KER:1535
Therefore, the following directions are issued :-
1. The Kerala High Court Arbitration Centre is
directed to nominate an Arbitrator from
Panel-I, preferably from Ernakulam, as the
sole Arbitrator to resolve the disputes that
have arisen between the petitioner and the
respondents under Annexure AE Agreement.
2. The learned Arbitrator may entertain all issues
between the parties in connection with the
said Agreements, including questions of
jurisdiction and limitation, if any, raised by
the parties. All contentions of the parties are
left open and they are at liberty to raise their
claims and counterclaims, if any, before the
learned Arbitrator, in accordance with law.
3. The Registry shall communicate the substance
of this order to the Kerala High Court
Arbitration Centre within ten days and the
Centre shall inform the learned Arbitrator
within a further period of one week and shall
obtain duly signed Form 3 as required under
Rule 20(4) of the Kerala High Court
(Arbitration Centre) Rules, 2025 and forward
the same to this Court.
4. Upon receipt of the Form 3, the Registry shall
issue a certified copy of this order with a
copy of the Form 3 appended to the Kerala
High Court Arbitration Centre. The original of
AR NO. 287 OF 2025 2026:KER:1535
the Disclosure Statement shall be retained
by the Kerala High Court Arbitration Centre.
5. The fees of the learned Arbitrator of the
Kerala High Court Arbitration Centre shall be
governed by Rule 28 of the Kerala High Court
(Arbitration Centre) Rules, 2025. The manner
in which the fees and costs payable by the
parties shall be governed by Rule 27 of the
Kerala High Court (Arbitration Centre) Rules,
2025.
6. If the learned Arbitrator needs the assistance
of an expert, then he is at liberty to seek
such assistance in the course of the
arbitration proceedings.
Sd/-
S.MANU
JUDGE
ANK
AR NO. 287 OF 2025 2026:KER:1535
APPENDIX OF AR NO. 287 OF 2025
PETITIONER'S ANNEXURES
ANNEXURE A TRUE COPY OF THE NOTICE INVITING TENDER
ANNEXURE B TRUE COPY OF THE COMMUNICATION DATED
02.04.2019 ISSUED BY THE MANAGING
DIRECTOR OF THE 1ST RESPONDENT.
ANNEXURE C TRUE COPY OF THE COMMUNICATION DATED
17.04.2019.
ANNEXURE D TRUE COPY OF THE COMMUNICATION BEARING
NO. C12/4510001617/0 DATED 16.07.2019.
ANNEXURE E TRUE COPY OF THE AGREEMENT BEARING
AGREEMENT#CIAL/CIVIL/605 OF 2019-2020
DATED 07.09.2019 ALONG WITH THE GENERAL
CONDITIONS OF CONTRACT& SPECIAL
CONDITIONS OF CONTRACT.
ANNEXURE F TRUE COPY OF THE SITE HAND OVER DOCUMENT
ANNEXURE G TRUE COPY OF THE COMMUNICATION DATED
06.08.2025.
ANNEXURE H TRUE COPY OF THE COMMUNICATION BEARING
NO. REPL:CIAL:0186:2025 DATED 16.09.2025.
ANNEXURE I TRUE COPY OF THE COMMUNICATION BEARING
NO. CIAL/CIVIL/524L DATED 11.11.2025.
ANNEXURE J TRUE COPY OF THE COMMUNICATION BEARING
NO. REPL:CIAL:0193:2025 DATED 15.11.2025.
ANNEXURE K TRUE COPY OF THE COMMUNICATION BEARING
NO. CIAL/CIVIL/524 L DATED 19.11.2025.
