M/S.Anir Tech Park Private Limited v. M/S..Maavadi Soft Tech Ventures India Pvt Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.04.2025
CORAM
THE HON'BLE Mr. JUSTICE ABDUL QUDDHOSE Arb.O.P (Com.Div.) Nos.75 to 77 of 2025 and O.A. No.336 of 2019 & A.Nos.2534 & 2535 of 2019 M/s.Anir Tech Park Private Limited, rep. by its Director P.Kannadasan ... Petitioner in all cases
Versus
1.M/s.Maavadi Soft Tech Ventures (India) Pvt. Ltd., rep. by its Director Kavi Prasad 2.M/s.True Value Homes (India) Pvt. Ltd., rep. by its Managing Director N.Ravichandran 3.N.Ravichandran ... Respondents in all cases Prayer in all cases: Arbitration Original Petitions (Commercial Division) filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator to adjudicate upon the dispute arisen between the petitioner and the respondents.
For Petitioner in all cases : Mr.P.R.Raman, Senior Counsel for Mr.K.Pradeep Raj For Respondents in all cases : Ms.Aparajitha Vishwanath 1/4
COMMON ORDER A Joint endorsement has been made by both the counsels, on instructions that despite the arbitration clause, which is the subject matter of Arb.O.P. (Com. Div.) No.75 of 2025, providing for three member arbitral tribunal, the parties to the dispute consent for arbitration to be conducted by a Sole Arbitrator, appointed by this Court.
2.Insofar as Arb.O.P. (Com.Div.) Nos.76 & 77 of 2025 are concerned, the arbitration clause provides for arbitration to be conducted by a Sole Arbitrator. Both the counsels, on instructions, consent for appointment of an Arbitrator by this Court under Section 11 of the Arbitration and Conciliation Act, 1996.
3.Learned counsel for the respondents in all these petitions would submit that objections that have been raised through the counter filed before this Court will have to be left open for the respondents to raise the same before the Arbitrator to be appointed by this Court. 4.Both the counsels, on instructions would submit that the three arbitral claims can be heard together by the Arbitrator. The said statement is recorded.
5.In view of the fact that both the counsels have consented for the 2/4
arbitration in respect of all the three claims, which are the subject matters of these petitions, to be taken up together by the Arbitrator appointed by this Court, this Court appoints Hon'ble Mr.Justice S.Muralidhar, Former Chief Justice of Orissa High Court as the Sole Arbitrator to adjudicate the dispute between the parties.
6.For the foregoing reasons, these Arbitration Original Petitions are allowed by issuing the following directions:
(a)In view of the joint endorsement made by both the counsels on instructions, this Court appoints Hon'ble Dr.Justice S.Muralidhar, Former Chief Justice of Orissa High Court, having address at Ground Floor, 15, Sadhna Enclave, Panchsheel Park, New Delhi 110 017, Mobile No. 98727 27986 as the Sole Arbitrator to adjudicate the dispute between the petitioner and the respondents, arising out of the Share Purchase Agreement dated 31.05.2017 and Memorandum of Undertaking dated 04.07.2016 and 05.07.2016, on merits and in accordance with law; (b)The Arbitrator shall be paid his remuneration/fees in accordance with the 4th Schedule of the Arbitration and Conciliation Act, 1996; ABDUL QUDDHOSE,J.
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vga (c)Both the parties shall equally share the Arbitrator's fees; (d)The Arbitrator shall conduct the arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act. Consequently, connected applications are closed. Liberty is granted to both the parties to file applications under Section 17 of the Arbitration and Conciliation Act, 1996 before the Arbitrator in case they desire to seek interim protection pending arbitration. The closure of the applications i.e. O.A. No.336 of 2019 & A.Nos.2534 & 2535 of 2019 by this Court will not have any bearing, while the Arbitrator decides the Section 17 applications if filed by any of the parties to the dispute. No costs. 22.04.2025 vga Arb.O.P (Com.Div.) Nos.75 to 77 of 2025 and O.A. No.336 of 2019 & A.Nos.2534 & 2535 of 2019 4/4