Mr.A.Pathmanaban v. Mr.M.Ramanathan

A No. 995 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE A No. 995 of 2025 Mr.A.Pathmanaban S/o Mr.K.Annaswamy, No.4/2F,VGN La Parisenne Apartment, 4th Main Road, Mogappair West, Chennai600 037. and 2 Others Applicant(s) Vs Mr.M.Ramanathan S/o Mr.M.Maharajan, No.76, Ayyavoo Street, Shenoy Nagar, Chennai- 600 030. and another Respondent(s) For Applicant(s): Mrs.Shankary for M/s.Nathan And Associates For Respondent(s):

O R D E R

The respondents have been duly served in this application.

2. This application has been filed seeking for substitution of the Arbitrator on the ground that the Arbitrator is no more.

3. In paragraph No.4 of the affidavit filed in support of this application, the applicant has categorically stated that the Arbitrator passed away on 28.09.2024.

4. Since the Arbitrator is dead, necessarily a new Arbitrator will have to be

appointed by this Court. Therefore, this application is allowed as prayed for by substituting the name of the Arbitrator. Accordingly, this Court appoints Mr.J.Justin David, District Judge (Retd.) having residence at OAK-B1, Maple Orchard, Ben Foundation, Padikuppam Road, Anna Nagar West, Chennai - 600040 (Mobile No.9443551078) as the sole Arbitrator and he is substituted as a new Arbitrator in the place of the earlier Arbitrator Mr.S.Sathyamoorthy, Retired Indian Audit and Account Services, Deputy CAG of India, to adjudicate the dispute between the petitioners and the respondent, arising out of the Partnership Deed dated 10.06.2019, on merits and in accordance with law.

5. The Arbitrator shall be paid his remuneration/fees in accordance with the 4th Schedule of the Arbitration and Conciliation Act, 1996. Both the parties shall equally share the Arbitrator's fees. 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.

03-03-2025 vsi

To

1. Mr.M.Ramanathan S/o Mr.M.Maharajan, No.76, Ayyavoo Street, Shenoy Nagar, Chennai- 600 030.

2. Mrs.Thangalagu, W/o.M.Ramanathan, No76 Ayyavoo Street, Shenoy Nagar, Chennai-600 030.

ABDUL QUDDHOSE,J.

vsi A.No.995 of 2025 03.03.2025