M/S.Mount Housing And Infrastructure Ltd, Represented By Its Executive Director v. Mrs.S.Rajeshwari,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2021

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA OP.No.127 of 2021 M/s. Mount Housing and Infrastructure Limited, Represented by its Executive Director, Mr. Kalpesh R. Bafna 122 I, Silver Rock Apartment, 2nd Floor, Venkataswamy Rd. West, R.S. Puram, Coimbatore - 641002.

...Petitioner

Vs

1. S. Rajeshwari

2. Prashant Durairaj

3. Nanditha Lakshmi ... Respondents Prayer : Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 as amended praying to i) appoint a sole arbitrator in terms of Clause XVII of the JDA dated 02.08.2012 to resolve the disputes between parties, in accordance with the Arbitration & Conciliation Act, 1996. ii) Direct the respondent to pay the petitioner, costs of the petition; and iii) Granting the petitioner such further or other relief as may be just. 1/4

For Petitioner : Mr. Vidhya Shankar For Respondents : Mr. D. Ravichander

O R D E R

The above Petition is filed to appoint a sole arbitrator in terms of Clause XVII of the JDA dated 02.08.2012 to resolve the disputes between parties, in accordance with the Arbitration & Conciliation Act, 1996.

2. Both parties have consented to appoint Mr. T.R. Rajagopalan, Senior Counsel, as an Arbitrator to arbitrate the disputes that have arisen between the parties under the agreement dated 02.08.2012.

3. Accordingly, it is ordered as follows:

(i) Mr. T.R. Rajagopalan, Senior Counsel, No.5, 23, De Silva Road, Mylapore, Chennai - 600004, Phone- 24995898, is appointed as the Arbitrator to enter upon reference and adjudicate the disputes inter se the parties.

ii) The learned Arbitrator may, after issuing notice to the parties 2/4

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. It is open to the respondent to raise all legal objections as to the validity of contract.

iii) The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses as per law.

iv) The proceedings may be conducted under the aegis of the Madras High Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules.

The Original Petition is, accordingly, allowed, leaving the parties to bear their own costs.

24.03.2021 mrn Index : Yes/No Speaking order/non-speaking order 3/4

P.T.ASHA, J.

mrn To, Mr. T.R, Rajagopalan, Senior Counsel, No.5, 23, De Silva Road, Mylapore, Chennai - 600004, Phone- 24995898 OP.No.127 of 2021 24.03.2021 4/4