H.Sunil Kumar v. M.Deepak Kumar Samdariya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Mr.H.Sunil Kumar .. Petitioner Vs.

1.Mr.M.Deepak Kumar Samdariya 2.Mrs.B.Rasheetha .. Respondents Prayer: Original Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint a Sole Arbitrator to decide and adjudicate upon the dispute between the petitioner and respondents arising out of sale agreement dated 18.06.2018 registered as Doc.No.3559/2018 in the office of the Sub Registrar, Virugambakkam, under Section 11(6) of the Arbitration and Conciliation Act, 1940 to arbitrate/resolve the disputes between the petitioner and the respondent. For Petitioner : Mr.C.S.Kiran For Respondents : M/s.T.G.Niranjana for M/s.Surana and Surana 1/5

O R D E R

This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator to decide and adjudicate upon the dispute between the petitioner and respondents arising out of sale agreement dated 18.06.2018 registered as Doc.No.3559/2018 in the office of the Sub Registrar, Virugambakkam, under Section 11(6) of the Arbitration and Conciliation Act, 1940 to arbitrate/resolve the disputes between the petitioner and the respondent.

2. The learned counsel for the respondents submits that the respondents have no objection for appointing an sole Arbitrator. Both the parties consent for appointment of Mr.K.K.Balu, Member Company Law Board and Vice Chairman Company Law Board (Retd), as an Arbitrator to resolve the dispute between the parties.

3.The parties are at liberty to workout the venue for Arbitration at Chennai.

4.The Court is inclined to pass the following order:- 2/5

(i) Mr.K.K.Balu, Member Company Law Board and Vice Chairman Company Law Board (Retd), (Mobile No.:9677021056) residing at No.17/11, Syndicate Enclave, Sengani Amman Koil Main Street, Maduvankarai, Guindy, Chennai - 600 032, is appointed as an Arbitrator to enter upon reference and adjudicate / resolve the inter se dispute between the parties.

(ii) The learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, endeavour to complete the arbitral proceedings and pass an award strictly in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as expeditiously as possible, preferably within a period of twelve months after the date of completion of pleadings under Sub-Section 4 to Section 23 as is contemplated in Section 29-A of the Arbitration and Conciliation Act, 1996, without getting influenced by any of the observations made by this Court in this order.

(iii) The learned Arbitrator appointed herein shall be paid fees and other incidental charges as may be fixed with the consent of parties or in 3/5

accordance with the provisions of the Arbitration and Conciliation Act, 1996, and the same shall be borne by the parties equally. In case, the respondents remain ex parte, the petitioner shall pay the entire fee and other incidental charges to the Arbitrator and later recover the same from the respondents.

5.The Original Petition is allowed with the above observations, leaving the parties to bear their own costs.

6.Since the Court has appointed an Arbitrator, it is open to the petitioner as well as the respondents to seek other reliefs under Section 17 of the Arbitration and Conciliation Act, 1996, before the learned Arbitrator.

03.01.2024 jas Index : Yes / No Internet : Yes / No : Yes / No 4/5

C.SARAVANAN, J.

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