M/S. Necc Cargo Carrier Pvt., v. M/S.Dalmia Cement(Bharat)Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2017

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH O.P. No.207 of 2017 M/s.NECC Cargo Carrier Pvt. Ltd.

rep. by its Director, Mr.Neeraj Kumar Choudry .. Petitioner -vsM/s. Dalmia Cement (Bharat) Ltd., (DCBL), rep. by its Managing Director, Fagun Mansion, 4th Floor, No.26, Ethiraj Salai, Egmore, Chennai 600 008.

.. Respondent Prayer: Petition filed under Section 11 of the Arbitration & Conciliation Act, 1996 to appoint a Sole Arbitrator as per the provisions of the Arbitration and Conciliation Act, 1996, to adjudicate all disputes between the petitioner and the respondent based on the Transport Agreement dated 01.04.2013.

For Petitioner : Mr.S.Sathish Rajan For Respondent : Mr.G.Asokpathy

O R D E R

This petition seeks appointment of a Sole Arbitrator to resolve disputes between the petitioner and respondent that have arisen pursuant to Transport Agreement dated 01.04.2013.

2.Heard the learned counsel appearing for the parties.

3. A Transport Agreement, dated 01.04.2013, was executed inter se between the parties and the dispute resolution clause is set out in clause 16 of the agreement, which provides for arbitration by a sole Arbitrator.

4. In accordance with the clause 16(a) of in the agreement dated 01.04.2013, and by consent of the parties, I hereby appoint Mr.K.Moorthy, Advocate, New No.306, Old No.179, 3rd Floor, Lingi Chetti Street, Chennai 600 01 (044-25354544) as Sole Arbitrator to enter upon reference and after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the order. The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses, which shall be borne by both the parties equally. 5.The Original Petition is accordingly allowed. 20.06.2017 smi

Dr.ANITA SUMANTH, J.

smi O.P. No.207 of 2017 20.06.2017