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Madras High CourtOP/269/2021disposed of

Mr.Kumar Royadurgam, S/O. Mr.Srinivasa Tatachariar, v. M/S.Green Tree Homes And Ventures Private Ltd

2021-08-26Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 26th DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.P. No.269 of 2021 In the matter of Arbitration and Conciliation Act, 1996 And In the matter of disputes between MR.Kumar Royadurgam and M/s.Green Tree Homes and ventures Private Ltd.

Mr.Kumar Royadurgam . . . Petitioner

Versus

M/s.Green Tree Homes and Ventrues Private Ltd., Rep. by its Director Mr.Sathyamoorthy No.13 Sreeman Srinivasan Road, Alwarpet, Chennai - 600 018.

. . . Respondent Original Petition praying that this Hon'ble Court be pleased to appoint a sole arbitrator to resolve the disputes among the parties arising out of the Development Agreement dated 15.09.2011 and Agreement for allotment of flat dated 01.12.2012.

This Original Petition coming on this day before this court for hearing in the presence of Mr.V.Chandraprabu, advocate for the petitioner herein and the respondent herein not appearing in person or by advocate and upon reading the petition and the Affidavit of Kumar Royadurgam filed herein, it is ordered as follows:- That the Honourable Mr.Justice A.Ramamurthi, Judge [Retd.], High

Court, Madras, residing at Plot No.9, [HIG], TNHB Phase-II, Nolambur, Mogappair West, Chennai - 600 037, Mobile 94440 66306 be and is hereby appointed as the Arbitrator to enter upon reference and adjudicate the disputes inter se the parties.

2) That the learned Arbitrator appointed herein, shall, after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

3) That the respondent herein shall be at liberty to raise all the legal objections as to the validity of the Contract.

4) That the learned Sole Arbitrator appointed herein shall fix his fees and other incidental charges and the same shall be borne by the parties equally.

5) That the both parties hereto shall bear their own costs. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 26th DAY OF AUGUST 2021.

Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KY-06.09.2021 O.P.No.269 of 2021

ORDER

DATED: 26.08.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 7.9.2021 APPROVED ON : 08.09.2021 Copy to:

The Honourable Mr.Justice A.Ramamurthi, Judge [Retd.], High Court, Madras, residing at Plot No.9, [HIG], TNHB Phase-II, Nolambur, Mogappair West, Chennai - 600 037, Mobile 94440 66306 (With covering letter)

THE HIGH COURT OF JUDICATURE AT MADRAS Date 26.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR O.P.No.269 of 2021 Mr.Kumar Royadurgam . . . Petitioner

Versus

M/s.Green Tree Homes and Ventrues Private Ltd., Rep. by its Director Mr.Sathyamoorthy No.13 Sreeman Srinivasan Road, Alwarpet, Chennai - 600 018.

. . . Respondent PRAYER : Petition filed under Sections 11[6] of Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator to resolve the disputes among the parties arising out of the Development Agreement dated 15.09.2011 and Agreement for allotment of flat dated 01.12.2012. For petitioner : Mr.V.Chandraprabu For respondent : No appearance

O R D E R

This Original Petition has been filed to appoint a sole arbitrator to

resolve the dispute arising out of the Development Agreement dated 15.09.2011 and Agreement for allotment of flat dated 01.12.2012 entered between the petitioner and the respondent.

2. Despite service of notice and name printed in the cause list, none appeared for the respondent.

3. Accordingly, it is ordered as follows:

i) that Honourable Mr.Justice A.Ramamurthi, Judge [Retd.], High Court, Madras, residing at Plot No.9, [HIG], TNHB Phase-II, Nolambur, Mogappair West, Chennai - 600 037, Mobile 94440 66306 is appointed as the arbitrator to enter upon reference and adjudicate the disputes inter se the parties.

ii] That the learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the Order. It is open to the respondent to raise all the legal objections as to the

validity of the Contract.

iii] That the learned Sole Arbitrator appointed herein shall fix his fees and other incidental charges and the same shall be borne by the parties equally.

5. This Original Petition is ordered accordingly, leaving the parties to bear their own costs.

Sd./-N.S.K.J., 26.08.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.