Dr.C.Devadoss v. M/S.Sare Jubilee Shelters Pvt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.03.2018

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH O.P.No.546 of 2017 Dr. C.Devadoss .. Petitioner -vsM/s. Sare Jubilee Shelters Private Limited, First Floor -SKCL Icon, C-42 and C43, CIPET Road, Thiru - Vi-Ka Industrial Estate, Guindy, Chennai 600 032.

.. Respondent Prayer: Petition filed under Section 11 of the Arbitration and Conciliation Act 1996 praying to appoint suitable qualified person as Arbitrator in terms of the sale and construction agreement dated 23.3.2012 to adjudicate the disputes between the petitioner and the respondent.

For Petitioner : Ms. P.Pooja For Respondent : Mr. M. Sriram

O R D E R

This application seeks the appointment of a sole arbitrator to adjudicate upon and resolve the disputes arising from Sale and Consideration Agreement dated 23.3.2012.

2. Heard Ms.P.Pooja appearing for the petitioner and Mr.M.Sriram appearing for the respondent.

DR. ANITA SUMANTH, J.

msr

3. The parties have entered into an agreement on 23.3.2012 for construction and sale of an apartment in Chennai. The agreement provides for arbitration as a mode of resolution of disputes, at clause 19 thereof. Though the clause provides for the appointment of an arbitral tribunal, both learned counsel would request that a sole arbitrator be appointed.

4. By consent, they request that a Panel Advocate be appointed as sole arbitrator.

5. I thus appoint Mr.V.Balasubramaniam, Advocate to enter upon reference, issue notice and hear the parties. The learned Arbitrator is at liberty to fix his remuneration as well as schedule of expenses which shall be borne by both parties equally. 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 as per request of both learned counsel.

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

13.3.2018 msr O.P.No.546 of 2017

To Mr.V.Balasubramaniam, Advocate, 31/75, Venkatesh Bhavan, I Floor, Armenian Street, Chennai-1.

(Mob: 9789066272)