M/S.Cheyyar C-Operative Sugar v. The Regional Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.07.2017

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH O.P. No.233 of 2017 M/s.Cheyyar Co-operative Sugar Mills Ltd., Rep. by its Managing Director Mr.D.jawahar Prasad Raj .. Petitioner -vs1.The Regional Manager, M/s. The New India Assurance Co.Ltd., No.770A, Dewa Towers, 2nd Floor, Annasalai,Chennai - 600 002.

2.The Branch Manager, M/s. The New India Assurance Co.Ltd., No.286, Sathiyamurthy Road, LIC Building (Gournd Floor), Arani, Tiruvannamalai District - 632 301.

.. Respondents Prayer: Petition filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 to appoint a third arbitrator to decide the dispute between the petitioner and the respondents arising out of the claim made by the petitioner to the respondents under the Standard Fire and Special Perils Policy bearing Policy No.71180311150100000028 covering "Stock of Molassess" with the 2nd respondent Branch of the respondent Insurance company for the period from 01.04.2015 to 31.03.2016 and for the costs of the petition.

For Petitioner : Mr.V.Suthakar For Respondents : Mr.S.R.Sundar

O R D E R

Disputes have arisen pursuant to Policy Agreement dated 01.04.2015 that are sought to be resolved by reference to Arbitration in terms of Clause 13 thereof.

2.Learned counsel for the parties agree to submit to arbitration and suggest that Mrs.Justice Chitra Venkataraman, Retired Judge of this Court, be appointed as the Sole Arbitrator in the matter. 3.By consent of parties, I, thus, appoint Mrs.Justice Chitra Venkataraman, Retired Judge of this Court, as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties and 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 this order. The learned Arbitrator is at liberty to fix her remuneration and other incidental expenses, which shall be borne by both the parties equally. The proceedings may be conducted under the aegis of the Madras High Court Arbitration Centre in accordance with the Madras High Court Arbitration Rules.

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

03.07.2017 vga

Dr.ANITA SUMANTH,J.

vga O.P. No.233 of 2017 03.07.2017