Madras High CourtOP/79/2020disposed of

Mr.S.Gajendran, S/O. Muthukumarasamy, v. M/S.Everest Blue Metals, S.F.No.2523, Veppilai Mettu (Vill)K.Kongarapatti,

2020-02-18Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 19TH DAY OF JUNE 2020 THE HON'BLE MR.JUSTICE M.SUNDAR.J O.P.No.79 of 2020 In the matter of Arbitration and Conciliation Act, 1996 and In the matter of Arbitration - Manufacture and Wholesaler/retailer of all kind of stone jelly, chips, M Sand, Wet mix, Stone powder known as Blue Metals Between and M.Gajendran & M.G.Vasantha Kumar Mr.R.Munirathinam & Mr.Raja M.

1. M.Gajendran, S/o.Muthukumarasamy, Old No.116, New No.114, Singanna Chetty Street, Chindadripet, Chennai-600 002.

2. M.G.Vasantha Kumar, S/o.M.Gajendran, Old No.116, New No.114, Singanna Chetty Street, Chindadripet, Chennai-600 002.

... Petitioners -Versus1. M/s.Everest Blue Metals, S.F. No.2523, Veppilai Mettur (Vill), V.Kongarapatti (P.O.), Kadaiyampatti (Tk), Salem District-636 351 Rep. By its Partner, R.Munirathinam.

2. R.Munirathinam, S/o.Rajagopal, D. No.199, Thindalanoor (Vill), Kadathur (P.O.), Pappireddipatty (Tk), Dharmapuri-635 303.

3 Raja M., S/o.Mani, D. No.313-6/67, Jalliyur (Vill), Regadahalli (P.O.), Pappireddipatty (Tk), Dharmapuri-635 303.

... Respondents Original Petition praying that this Hon'ble Court be pleased to pass an order by APPOINTING A SOLE ARBITRATOR to adjudicate upon all the dispute raised by the petitioners against the respondents in relation to the Partnership Deed dated 16.07.2019 within a time frame fixed by this Hon'ble Court.

This Original Petition coming on this day before this court for hearing the court made the following order:

This matter was listed under the caption 'FOR BEING MENTIONED' at the instance of counsel for petitioner Mr.Harihara Arun Somasankar. The request vide a petition/memo filed by the petitioner was to permit arbitration by way of virtual hearing on a video-conferencing platform, as the order dated 18.02.2020 in this Original Petition says that the arbitration shall be held in accordance with the Madras High Court Arbitration Centre (MHCAC) Rules and parties are unable to access MHCAC physically owing to the lockdown.

2.Today, Mr.D.Shivakumaran, learned counsel representing the

counsel on record for the respondent, who joined web-hearing on a videoconferencing platform, submitted that a Special Leave Petition has been preferred by the respondent in the Supreme Court assailing the aforementioned 18.02.2020 order. I accessed the case status from the website of Supreme Court of India based on the Diary Number given by the learned counsel and I find that a SLP has been filed vide Diary No.11205 of 2020 on 11.05.2020 in this matter and website says that this SLP falls under the category of 'Cases under Defect List valid for 90 days'. 3.As SLP has been preferred, parties have to necessarily await outcome of the same and therefore, Registry need not list this matter any further.

Sd/-M.S.J 19.06.2020 //Certified to be a true copy// Dated this the day of 2020.

SS/07.08.2020 COURT OFFICER (O.S) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.