Sparkon Engineers v. Va Tech Wabag Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Abloy High Security Locks Private Limited, represented by its Director Mr.Jorma Issakainen having registered Office at Off.No.1201 to 1207 A Wing, Shelton Sapphire 12th Floor, Pl.No.18 & 19, Sector-15, CBD, Belapur Navi Mumbai, Maharashtra India 400 614.

.... Petitioner Vs.

Sanket Managave S/o.Balasaheb B.Managave, residing at 902, Tower 1, Sea Breeze CHSL, Plot 16, Sector 16, Nerul, Navi Mumbai 400 706, India Also at:JN-2 / 62/A-6, Sector No.9, Vashi, Navi, Mumbai 400 703 ... Respondent Arbitration Original Petition (Com.Div.) filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint arbitrator for the respondent to constitute tribunal of three arbitrators as per clause 26 of the Employment Agreement to arbitrate the dispute that has arisen between the petitioner and respondent. 1/8

For Petitioner : Ms. Shreya Sicar Mr.Sidharth Sethi Ms.Deepa Anand For Respondent : M/s.Sakshi Mehley for M/s.Sajal Manchander *****

ORDER

This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [for brevity 'the Act'] for appointment of an Arbitrator to decide the dispute and differences between the petitioner and the respondents in terms of clause 26 of the Employment Agreement dated 25.05.2016.

2. The case of the petitioner is that the respondent joined the employment of the petitioner as Business Development Manager in the year 2011. On 25.05.2016, the petitioner and the respondent entered into an Employment Agreement, through which, the respondent was appointed as General Manager of the petitioner company on the terms and conditions stated in the Agreement. There was further agreement between the parties on 19.02.2019 for appointment of the respondent as Managing Director of the petitioner company.

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3. There was some dispute between the parties in the year 2024. Hence, the petitioner has stated that the respondent tendered his resignation on 26.11.2024 from both his positions namely, as a Director of the Board of Directors of company and also the Managing Director of the company. The petitioner is claiming certain outstanding amounts due and payable by the respondent.

4. The legal notice dated 19.03.2025 came to be issued by the petitioner in this regard to repay the outstanding amount. The respondent through the reply dated 06.04.2025 denied the liability and made certain claims.

5. The petitioner ultimately issued the trigger notice under section 21 of the Act on 07.07.2025 and proceeded to file the present petition seeking for the appointment of Arbitral Tribunal in terms of the Employment Agreement dated 25.05.2016.

6. Notice was served on the respondent and the respondent is represented through counsel.

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7. This Court heard the counsel appearing on either side and carefully perused the materials available on record.

8. The relevant clause namely. clause 26 of the Employment Agreement dated 25.05.2016 contemplated the Arbitral Tribunal consisting of three members.

9. Considering the nature of dispute between the parties, this Court suggested to the counsel appearing on either side that a sole arbitrator can be appointed to resolve the disputes in order to avoid unnecessary cost.

10. The learned counsel for the petitioner submitted that the petitioner does not have any objection to appoint a sole Arbitrator and the petitioner has already suggested the name of the Hon'ble Mr. Justice Ravindra Bhat, Retired Judge, Supreme Court of India to be the sole Arbitrator.

11. The learned counsel for the respondent did not raise any objection on the name suggested on the side of the petitioner. 4/8

12. In view of the above, since there is an agreement between the parties in line with section 7 of the Act which also contains the arbitration clause, this court proceeds further to appoint the Honourable Mr. Justice Ravindra Bhat , Retired. Judge of Supreme Court as the sole Arbitrator.

13. It is left open to both the parties to raise all the issues before the sole arbitrator.

14. In the light of the above discussion, this Court appoints the Honourable Mr. S. Ravindra Bhat, Retired Judge of Supreme Court (Cell: 9444088824) as the sole Arbitrator and the sole Arbitrator is requested to adjudicate the arbitral disputes that had arisen between the parties and render arbitral award by holding sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 or in the alternative, at a Venue convenient to both the parties and the sole Arbitrator and fee of sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost 5/8

and Arbitrator's Fees) Rules 2017.

Accordingly, this petition is disposed of.

12.01.2026 msr 6/8

To The Honourable Mr. Justice S. Ravindra Bhat, Retired Judge of Supreme Court , C-49, Mayfair Garden, Hauz Khaz, New Delhi 110 016 (Ph: 9818000160 / 9444088824) 7/8

N.ANAND VENKATESH, J.

msr Arbitration Original Petition (Com.Div.) No.88 of 2025 12.01.2026 8/8