M/S.Electronica Finance Limited v. Auxi Solution System

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU M/s.Electronica Finance Limited Represented by its POA E.Karthik NO.1167, TVS Colony Anna Nagar West Extension Chennai-600101.

...Petitioner

-vs1. Auxi Solution System No.77, Tiny Sector, Industrial Estate Guindy Ekkattuthangal Chennai Tamil Nadu - 600032, India.

2. Raghul T

3. Niveathitha Mohan

...Respondents

PRAYER: Arbitration Original Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator to adjudicate and resolve the disputes through arbitral proceedings between the parties.

For Petitioner : Mr. S.Namasivayam For Respondents : Mr.B.Narayanan (Vakalat not filed) (No appearance)

O R D E R

This Arbitration Original Petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator to adjudicate and resolve the disputes through arbitral proceedings between the parties.

2.

Heard Mr. S.Namasivayam, learned counsel for the petitioner. 3.

In spite of service of notice to the respondents, they have neither appeared in person nor represented through their counsel. 4.

From a reading of the agreement entered to between the petitioner and the respondents, it could be seen as per Clause 11(4), the parties are agreed to resolve the dispute by appointing an Arbitrator. Section 21 notice has also been issued by the petitioner invoking aforesaid clause which has also evinced no reply.

5.

In such view of the matter, I am inclined to appoint

Ms.S.R.Sumathy, Advocate, (Mobile No.94433-26242) having office at No.W-460, 'C' Sector, 3rd Street, 'Sai Nivas', Anna Nagar West Extn., Chennai - 600101 as Sole Arbitrator to enter upon the dispute between the petitioner and the respondents.

6.

The learned Sole Arbitrator is entitled to fix his fees as per the Schedule-IV to the Act. This Court further requests the learned Sole Arbitrator to endeavour to decide the dispute as expeditiously as possible. 7.

Accordingly, this Arbitration Original Petition is ordered. 02.09.2024 Index :Yes/No Maya

K.KUMARESH BABU, J.

Maya 02.09.2024