Summary:
Chennai, Jan 28 (PTI) The Madras High Court on Friday asked authorities to revamp the entire arbitration clause while dismissing an application from the Tamil Nadu Urban Habitat Development Board to refer to arbitration a dispute over construction of tenements.
The case relates to a Namakkal-based engineering firm getting a showcause notice from the Tamil Nadu Urban Habitat Development Board over damages to the building.
The applicants, various officials of Tamil Nadu Urban Habitat Development Board including its chairman, had contended the respondent was trying to avoid the process of arbitration by taking a stand as if the claim is of a value above Rs 50,000.
Dismissing the application, Justice N Anand Venkatesh said the court has no hesitation to hold that the dispute involved in the present case cannot be referred to arbitration since it has a value of more than Rs 50,000.
"Before drawing the curtains, this court wants to impress upon the authorities to revamp the entire arbitration clause.
Obviously, there is a total non-application of mind on the part of the authorities which is apparent from the general conditions of contract which forms part of the agreement and it continues to make reference to the provisions of Arbitration Act 1940.