Mohammed Saifulla v. M/S.Cholamandalam Investments And Finance Limited Rep By Is General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mohammed Saifulla S/o.Mohammed Yousuf Proprietor Superior Electricals No.773, Behind Pops Foods R.T.Nagar Post, Bangalore - 560032.

...Petitioner

-vsM/s.Cholamandalam Investment & Finance Company Limited Rep. By its General Manager Dare House, No.2, NSC Bose Road Chennai-600001.

... Respondent PRAYER: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator to adjudicate and resolve the disputes through arbitral proceedings between the parties in respect of the agreement No.BLAR16714 dated 01.04.1999 in the light of the order passed by the Hon'ble Supreme Court of India in

Civil Appeal No. 3404 of 2023 arising out of SLP (C) No.3006 of 2021 dated 01.05.2023.

For Petitioner :

Ms.A.Vinupradha For Respondent :

Mr.D.Pradeep Kumar

O R D E R

This Arbitration Original Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator to adjudicate and resolve the disputes through arbitral proceedings between the parties in respect of the agreement No.BLAR16714 dated 01.04.1999 in the light of the order passed by the Hon'ble Supreme Court of India in Civil Appeal No. 3404 of 2023 arising out of SLP (C) No.3006 of 2021 dated 01.05.2023. 2.

Heard Ms.A.Vinupradha, learned counsel for the petitioner and Mr.D.Pradeep Kumar, learned counsel for the respondent. 3.

Both the learned counsels also have consented for appointment of a Sole Arbitrator by this Court and they have requested this Court to

appoint an Advocate as Arbitrator. In such circumstances, this Court appoints Mr.K.S.Gowthaman, Advocate, (Mobile No. 9841270992) having office at New No.6, Old No.11, 3rd Floor, Francis Joseph Street, Parrys, Chennai-600001 as Sole Arbitrator to enter upon the dispute between the petitioner and the respondent.

4.

The learned Sole Arbitrator is entitled to fix his fees as per the schedule-IV to the Act. This Court further requests the learned Sole Arbitrator to endeavour to decide the dispute as expeditiously as possible, however, not later than six(6) months from the date of his entering into reference.

5.

Accordingly, this Arbitration Original Petition is ordered. 02.09.2024 Index :Yes/No Maya

K.KUMARESH BABU, J.

Maya 02.09.2024