Rams Hotels Chennai Private Limited v. V Kugathas

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-07-2025

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Rams Hotels Chennai Private Limited No. 21 Sardar Patel Road, Adyar, Chennai 600 020 ..Petitioner(s) Vs

1. V Kugathas No. 21 Sardar Patel Road, Adyar, Chennai 600 020Flat No.7, Door No.63 Golden Homes Ambattur Industrial Estate Road, Anna Nagar Western Extension, Chennai 600 101

2. K Mahilraj Flat No. 7 Door No. 63, Golden Homes, Ambattur Industrial Estate Road, Anna Nagar Western Extension Chennai 600 101 ..Respondent(s) To appoint an arbitrator to adjudicate the dispute between the parties arising out of the lease deed dated 29.02.2016 registered as document no.499/2016 on the file of SRo Adyar and lease deed dated 01.09.2016. For Petitioner(s):

Mr. MEIYAPPAN MOHAN For Respondent(s):

MR. S.R RAJAGOPAL SENIOR COUNSEL FOR Mr.V. VASANTHA KUMAR

ORDER

A separate memo has been filed by the respective counsels appearing for the respective parties agreeing for appointment of an Arbitrator by this Court to adjudicate the dispute between the parties arising out of the Lease Deed dated 29.02.2016 registered as document No.499/2016 on the file of SRO, Adyar, and Lease Deed dated 01.09.2016. Both the counsels have also made a joint endorsement in the court bundle for appointment of Mr.N.L.Rajah, Senior Counsel, as the Sole Arbitrator to adjudicate the dispute between the parties arising out of the aforesaid Lease Deeds.

2. After recording the memo filed by the respective counsels and in view of the joint endorsement made by them in the Court bundle, this petition is allowed in the following manner:- (a) This Court hereby appoints Mr.N.L.Rajah, Senior Counsel, having office at IV High Court Chambers, High Court Building, Chennai-104, Mobile No.9841013617, as the Sole Arbitrator to adjudicate the dispute between the petitioner and the respondents arising out of the aforesaid Lease Deeds.

(b) The Sole Arbitrator appointed by this Court shall be paid remuneration/fees as per the schedule agreed upon by the parties to the dispute.

(c) The Arbitrator shall adhere to the provisions of Arbitration and Conciliation Act, 1996.

(d) The Arbitrator shall also pass the arbitral award within the stipulated period as prescribed under the Arbitration and Conciliation Act, 1996.

(e) The respondents are at liberty to raise objection with regard to arbitrability of the dispute under the Lease Deed dated 01.09.2016, by filing an application under Section 16 of the Act; and upon filing of such application, the Arbitrator shall decide the same on merits and in accordance with law.

31-07-2025 Index: Yes/No Speaking/Non-speaking order RKM

ABDUL QUDDHOSE, J.

RKM 31-07-2025