Voltas Limited v. Appu Hotels Ltd.,

In the High Court of Judicature at Madras Dated : 28.04.2015 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.78 of 2014 Voltas Limited, No.624, Anna Salai, Chennai, Rep. by its Territory Manager.

.. Petitioner -vsAppu Hotels Ltd.

''PGP'' House, No.57, Sterling Road, Nungambakkam, Chennai, Rep. by its Director.

..Respondent Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint a sole arbitrator as prescribed under Section 11(6) of the Act, on account of the failure of the Parties to appoint an Arbitrator as per Clause 8.1 of the work order dated 11.05.2009. For Petitioner : Mr.Joseph Augustine for M/s.Sampathkumar & Asso.

For Respondent : Mr.V.Bharathidasan * * * * *

O R D E R

Learned counsel for parties state that instead of an Arbitral Tribunal of three Arbitrators as envisaged in the arbitration clause, it has

been agreed that a single Arbitrator be appointed and they jointly propose the name of Mr.Justice A.S.Venkatachalamoorthy, a retired Judge of this Court, as the Sole Arbitrator.

2.In view thereof, as proposed and agreed, I appoint Mr.Justice A.S.Venkatachalamoorthy, a retired Judge of this Court, as the Sole Arbitrator, to enter upon reference and adjudicate the disputes inter se the parties. As agreed by the learned counsel for parties, the arbitration proceedings will be conducted under the ageis of the Madras High Court Arbitration Centre and the parties will be governed by the Rules of the Centre.

3.The original petition is, accordingly, allowed, leaving the parties to bear their own costs.

(S.K.K., CJ.) 28.04.2015 sra Note: Mark a copy to (i) The Addl. Registrar-Vigilance Madras High Court Arbitration Centre, Madras High Court Campus, Chennai.

(ii)The Arbitrator, as referred above.

The Hon'ble Chief Justice (sra) O.P.No.78 of 2014 28.04.2015