Mr.Shayan Italia, 701, 7th Floor, Fairmont Building, v. M/S. Benze Vacation Club, A Society Registered Under The Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 06TH DAY OF OCTOBER 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.P. No.276 of 2020 In the matter of Section 11(6) of the Arbitration and Conciliation Act, 1996 And In the matter of dispute between Mr.Shayan Italia, Mr.Dynshaw Fareed Italia and Benze Vacation Club And In the matter of Arbitration Agreement contained in the Lease Deed dated 6th January, 2012.
1. Mr.Shayan Italia, 701, 7th Floor, Fairmont Building, 21st, Bandra (W), Mumbai - 400 050.
2. Dynshaw Fareed Italia, 701, 7th Floor, Fairmont Building, 21st Road, Bandra (W), Mumbai - 400 050.
and having his current address at 17, Avenue Mansions, Finchley Road, London NW3 7 AX, United Kingdom.
* Rep by his Power Agent Mr.Shayam Italia ... Petitioners -VsBenze Vacation Club, A society registered under the Tamil Nadu Societies
Registration Act, 1975 bearing Registration No.297/2008 having its corporate office at New No.23, Old No.11, Jambulingam Street, Nungambakkam, Chennai - 600 034.
Represented through its Secretary, Mrs.Bhuvaneswari Saravanan.
Also at No.90, Wellington Plaza, Anna Salai, Chennai 600 002.
... Respondents Original Petition praying that this Hon'ble Court be pleased to appoint a sole, independent and impartial arbitrator to adjudicate and decide the disputes between the parties.
This Original Petition coming on this day before this court for hearing in the presence of Ms.Thanushree Arvind, advocate for the Petitioner herein and the Respondent herein not appearing in person or by advocate and upon reading the Petition, and the Supporting affidavit of Shayan Italia filed herein, and, it is ordered as follows:- That Mr.M. Nandan, District Judge (Retd), No.171, MIG, 4th Main Road, TNHB, Nolambur, Phase 2, Mogappair, West Garden, Chennai - 37. (Mobile No.9444112414) be and is hereby appointed as the Sole Arbitrator to enter upon reference and adjudicate the matter.
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 the order.
3) That the learned Sole Arbitrator appointed herein shall be paid fees and other incidental charges, fixed by him and the same shall be borne by the parties equally.
4) That 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 06TH DAY OF OCTOBER 2021.
Sd/- ASSISTANT REGISTRAR (OS-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.
ED 25.10.2021 O.P.No.276 of 2020
ORDER
DATED: 06.10.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 26.10.2021 APPROVED ON : 27.10.2021 Copy to:
The Mr.M.Nandan, District Judge (Retd), Sole Arbitrator, No.171, MIG, 4th Main Road, TNHB, Nolambur, Phase 2, Mogappair, West Garden, Chennai - 37.
(Mobile No.9444112414)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 6/10/2021 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR O.P.No. 276 of 2020
1. Shayan Italia
2. Dynshaw Fareed Italia ...
Petitioners Vs Benze Vacation Club rep. By its Mrs.Bhuvaneswari Saravanan New No.23 Old No.11 Jambulingam Street Nungambakkam Chennai 600 004.
...
Respondent PRAYER : Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 to appoint a sole independent and impartial arbitrator to adjudicate and decide the disputes between the parties. For Petitioners ...
Ms.Thanushree Arvind For Respondent ...
No appearance - - - - -
O R D E R
This Arbitration Original Petition has been filed to appoint a sole independent and impartial arbitrator to adjudicate and decide the disputes between the parties.
2. Heard Ms.Thanushree Arvind, learned counsel for the petitioners.
3. Though Mr.M.V.Sathish, learned counsel for the respondent agreed to furnish security, on 16/9/2021, none appeared for the respondent today.
4. Vide, order, dated 13/3/2020, this Court had appointed Mr.P.Ganesan, Retired District Judge, as the sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties.
5. Today, when the matter is taken up for hearing through Video Conferencing, learned counsel appearing for the petitioners submitted that arbitrator appointed by this Court had expressed his inability to continue.
6. In such a view of the matter, this Court is inclined to appoint Mr.N.Nandan, Retd District Judge, as a sole Arbitrator to enter upon reference and adjudicate the matter.
7. Accordingly, this Arbitration Original Petition is ordered as follows:
i) Mr.M.Nandan, Retd District Judge, No.171, MIG, 4th Main Road, TNHB, Nolambur, Phase 2, Mogappiar, West Garden, Chennai 37 (Mobile No.9444112414) is appointed as a Sole Arbitrator to enter upon reference and adjudicate the matter.
ii] 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.
iii] The learned Sole Arbitrator appointed herein shall be paid fees and other incidental charges, fixed by him and the same shall be borne by the parties equally.
8. This Arbitration Original Petition is ordered, leaving the parties to bear their own costs.
Sd./-N.S.K.J., 06.10.2021 //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.