Mr.Ravi Veni Shetty. W/O. Mr.Rajamouli Veni Shetty v. Kln Motor Agencies Pvt Ltd,
THE HIGH COURT OF JUDICATURE AT MADRAS Dated 29.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR 1.Mr.Ravi Vani Shetty 2.Mrs.Sheila Vanishetty . . . Petitioners
Versus
1.KLN Motor Agencies Pvt.Ltd.
No.3, Apex Plaza, 2E 2nd Floor, Nungambakkam High Road, Chennai - 600 034.
2.Mr.K.Chandrasekhar Beema Sena Garden Street, Royapettah High Road, Mylapore, Chennai - 600 004.
3.Mr.Ram Dev Polisetty 4.Mr.Satya Dev Polisetty . . . Respondents PRAYER : Petition filed under Section 11(5) and 6 of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator to adjudicate on the disputes between the petitioner and the respondent arising out of the share Purchase Agreement dated 18.09.2017.
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For Petitioners : M/s. Saraswathi For Respondents : Mr.Y.Prakash for R1 and R2 No appearance for R3 R4 - Exparte
ORDER
This original petition has been filed to appoint an Arbitrator to adjudicate on the disputes between the petitioner and the respondent arising out of the Share Purchase Agreement dated 18.09.2017.
2.Learned counsel appearing for the petitioners would submit that the parties are borne by Clause 8 of the Share Purchase Agreement. As dispute arose in the Share Purchase Agreement entered between the parties, this petition has been filed for appointment of an Arbitrator. 3.Learned counsel for the first and second respondents has no objection for appointment of Honourable Mr. Justice K.Ravichandra Babu as a Sole Arbitrator.
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4. Even after printing the name of the third respondent in the cause list and also sending notice through e-mail, none appeared for the third respondent.
5. Vide order dated 16.06.2021, fourth respondent had set ex parte.
6. Considering the fact that there is an arbitration clause in the agreement, this petition is ordered as follows: i) that Honourable Mr.Justice.K.Ravichandra Babu, Retired Judge, High Court, Madras residing at Flat 1 D, Crescent Castle Apartment, No.13/6, II Crescent, Park Road, Gandhi Nagar, Adyar, Chennai - 600 020. Mobile Nos.9498033336, 9444011433 is appointed as a Sole Arbitrator to enter upon reference and adjudicate the matter.
ii] That the learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, Page No:3/5
preferably within a period of six months from the date of receipt of the Order.
iii] That the learned Sole Arbitrator appointed herein shall be paid fees and other incidental charges, fixed by him and the same shall be borne by the parties equally.
7. This Original Petition is ordered accordingly, leaving the parties to bear their own costs.
29.06.2021 Index : Yes / No Internet: Yes Speaking/non speaking order msv To Mr.K.Ravichandra Babu, Retired Judge, High Court, Madras Flat 1 D, Crescent Castle Apartment, No.13, Second Crescent Park Road, Gandhi Nagar, Adyar, Chennai - 600 020.
Mobile Nos.9498033336, 9444011433 Page No:4/5
N. SATHISH KUMAR, J.
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