Mrs.Shankari Narasimha Reddy v. M/S.Xs Real Properties

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.01.2018

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH O.P. No.631 of 2017 Mrs.Shankari Narasimha Reddy, w/o Dr.T.Narasimha Reddy, No.38, Old No.59 A, Vinayagar Koil Street, Venkatapuram, Saidapet, Chennai - 600 015.

.. Petitioner -vsM/s.XS Real Properties Pvt Ltd, Represented by its Managing Director No.12, South Mada Street, Srinagar Colony, Saidapet, Chennai - 600 015.

.. Respondent Prayer: Petition filed under Section 11(6)(a) of the Arbitration & Conciliation Act, 1996 to appoint a Sole Arbitrator to adjudicate the disputes arising between the petitioner and the respondent pursuant to the Arbitration clause 8.6 of the agreement dated 29.10.2010. For Petitioner : Mr.C.V.Shyam Sunder For Respondent : Mr.Suresh

O R D E R

This petition seeks appointment of a Sole Arbitrator to resolve the disputes between the petitioner and respondent in line with the

Arbitration clause contained in the Joint Venture agreement dated 29.10.2010.

2. Clause 8.6 of the agreement provides for the conduct of the proceedings for Arbitration at Chennai in accordance with the Rules of the Nani Palkhiwala Arbitration Center. Learned counsel request that the stipulation regarding the governing Rules be left open, to be decided by the learned Arbitrator in consultation with the parties. The request is accepted and the matter left for decision by the learned Arbitrator along with the parties.

3.Both learned counsel agree that Mr.Justice.N.V.Balasubramaniam, Retired Judge, be appointed as Sole Arbitrator.

4.I, thus, appoint MrJustice.N.V.Balasubramaniam, Retired Judge, residing at Residency Dhanam, Door No.17/8, V Trust Cross Street, Mandavelikpakkam, Chennai-600 028, (Mob.No.9442453399) as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties. The learned Arbitrator may, 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. The learned Arbitrator is at

liberty to fix his remuneration and other incidental expenses that shall be borne by both parties equally.

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

19.01.2018 msv

Dr.Anita Sumanth,J.

msv O.P. No.631 of 2017 19.01.2018