Dr.Govindaraj Ranganathan v. M/S.Ozone Projects Pvt.Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.02.2018

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH O.P. No.1019 of 2017 Dr.Govindaraj Ranganathan rep. by his Power Agent Mr.Sridhar Govindaraj .. Petitioner -vsM/s.Ozone Projects Pvt. Ltd., rep. by its Authorized Signatory No.63, G.N.Chetty Road, T.Nagar, Chennai - 600 084.

.. Respondent Prayer: Petition filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 to appoint a Sole Arbitrator and decide the disputes that have arisen between the petitioner and the respondent under the Construction Agreement dated 31.01.2012. For Petitioner : Mr.Jaikumar for M/s.Arulselvam Associates For Respondent : Mr.P.V.Balasubramanian

O R D E R

The present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 prays for the appointment of an Arbitrator in terms of Clause 22 of Construction Agreement dated 31.01.2012.

2.The matter was referred to Mediation at the instance of both parties, that has been returned to Court, as the parties were unable to arrive at an amicable settlement.

3. Mr.M.Jaikumar, learned counsel for the petitioner and Mr.P.V.Balasubramanian, learned counsel for the respondent agree upon the existence of disputes as between the parties.

4. It is seen that the parties have agreed for arbitration by a retired District Judge as the methodology to resolve disputes inter se, as revealed by Clause 22 of Agreement dated 31.01.2012. 5.I, thus, appoint Dr.SSP.Darwesh, Retired District Judge as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties. He may, after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of three months from the date of receipt of the order. The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses. The proceedings may be conducted under the aegis of the Madras High Court Arbitration Centre and in

accordance with the Madras High Court Arbitration Rules. 6.The Original Petition is, accordingly, allowed, leaving the parties to bear their own costs.

15.02.2018 Index : Yes/No Speaking order/Non-speaking order sl/msv To Dr.SSP.Darwesh, Retired District Judge, No.15/33, Sreenivasa Street, Perambur, Chennai - 600 011.

Mobile No.7299767186.

Dr.Anita Sumanth,J Sl/msv O.P. No.1019 of 2017 15.02.2018