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Madras High CourtOP/411/2014allowed

M/S.Power Mech Projects v. M/S.Cethar Limited

2015-09-18Honourable The Chief Justice2 pages

In the High Court of Judicature at Madras Dated : 18.09.2015 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.411 of 2014 M/s.Power Mech Projects Limited, Plot No.77, Jubilee Enclave, Madhapur, Hyderabad, Andhra Pradesh, India, rep. by its COO & Director M.Rajendran .. Petitioner -vsM/s.Cethar Limited, Dindigul road, Tiruchirapalli-620 001, Tamil Nadu, India, rep. by its Managing Director N.K.Pothiraaj.

.. Respondent Petition filed under Section 11 (5) of the Arbitration and Conciliation Act, 1996, to appoint a Sole Arbitrator for adjudication of the disputes between the parties, in terms of Section 11(5) of the Arbitration and Conciliation Act, 1996.

For Petitioner : Mr.Najeer Usman Khan For Respondent : Mr.P.J.Rishikesh * * * * *

O R D E R

The learned counsel for parties jointly request Mr.K.Nazir Ahamed, retired District Judge be appointed as https://hcservices.ecourts.gov.in/hcservices/ the Sole Arbitrator to enter upon the reference and

adjudicate the disputes inter se the parties including the claim and counter-claim of the parties and that the arbitration has to be held at Trichirappalli.

2. I, thus, appoint Mr.Nazir Ahamed, retired District Judge, residing at No.7, 4th Cross Banker's Colony, Kumaran Nagar, Trichy-620 017 as the Sole Arbitrator to enter upon the reference, adjudicate the disputes inter se the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of communication of the order. The venue of arbitration will be Trichirappalli. The fee of the Arbitrator will be governed by the Rules of the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrators' Fees) Rules, 2014, which shall be borne by the parties equally, as also out of pocket expenses.

3. The Original Petition is accordingly allowed, leaving the parties to bear their own costs.

Sd/(S.K.K., CJ.) 18.09.2015 //Certified to be a true copy// Dated this the day of 2015.

R.s/20.11.2015 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of https://hcservices.ecourts.gov.in/hcservices/ the Order/Judgment Decree in this format.