M/S Evolve Business Venture A Proprietary Concern-Rep.By Its Proprietor, v. The Airport Director, The Airport Authority Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 05TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.P. No.320 of 2021 and O.A.No. 239 of 2021 and Arb.A.No.11 of 2021 In the matter of Arbitration and Conciliation Act, 1996 and In the matter of Master concession Agreement Dated 09.11.2018 between the parties M/s. Evolve Business Ventures A Proprietary concern Represented by its Proprietor Mrs.Mamta Lunked No.18/1, S.Kariappa Road Model House Cross Road Basavangudi, Bangalore 560 004.
:Petitioner /Applicant (in O.A.No. 239 of 2021) Vs The Airport Director The Airport Authority of India Chennai Airport Chennai 600 016.
:Respondent/Respondent (in O.A.No. 239 of 2021) Original Petition praying that this Hon'ble Court be pleased to:- a) appoint an independent and sole Arbitrator to adjudicate upon the disputes and claims that have arisen between the parties hereto under the
subsisting Master Concession Agreement dated 9/11/2018 between the parties.
b) To direct the respondent to pay the cost of the petition. O.A.No. 239 of 2021:- Original Application praying that this Hon'ble Court be pleased to grant ad-interim injunction restraining the respondent, their men, agents or any other person or persons from proceed with the impugned notice dated 13.03.2021 in Letter No. AAMC.0156/2019/Vol.IV/277 pending adjudication of the disputes between the respondent and the petitioner. Arb.A.No. 11 of 2021:- In the matter of Section 9 of Arbitration and Conciliation Act, 1996 (Act No.26 of 1996) and In the matter of Master concession Agreement Dated 09.11.2018 between the parties The Airport Director The Airport Authority of India Chennai Airport Chennai 600 016.
:Applicant -vsM/s. Evolve Business Ventures Represented by its Proprietor Mrs.Mamta Lunked No.18/1, S.Kariappa Road Model House Cross Road Basavangudi, Bangalore 560 004.
: Respondent
Arbitration Application praying that this Hon'ble Court be pleased to direct the respondent to replenish the bank guarantee to the balance outstanding of Rs.50,80,97,397.11.
This Original Petition along with applications coming on this day before this court for hearing in the presence of Mr.Agilesh Kumar, for Mr.N.R.Elango, Senior Counsels for M/s. S.Rajkumar, Advocates for the Petitioner in O.P.No.320 of 2021 and for the Applicant in O.A.No. 239 of 2021 and for the respondent in Arb.A.No. 11 of 2021 and Mr.S.Venkatesan, Standing counsel for the respondent in O.P.No.320 of 2021 and O.A.No. 239 of 2021 and for the Applicant in Arb.A.No.11 of 2021, and upon reading the petition and the counter affidavit of T.S.Subha Lakshmi filed in O.P.No.320 of 2021 and the judges summons and the affidavit of Mrs.Mamta Lumked and the counter affidavit of T.S.Subha Lakshmi filed in O.A.No. 239 of 2021 and the judges summons and the affidavit of T.S.Subha Lakshmi filed in Arb.A.No.11 of 2021 and the order dated 17.04.
2021 made in OP.No.320 of 2021 and O.A.No.239 of 2021, it is ordered as follows:- That The Hon'ble Mr.Justice K.Kannan, Former Judge of Punjab & Haryana, 3/11, Lakshmi Colony, North Cresent Road, T.Nagar, Chennai 600 017 (Mobile Nos.9780008145), be and is hereby appointed as a Sole Arbitrator to enter upon reference and adjudicate the matter.
ii] That the learned sole 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] 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.
iv) That both parties hereto shall bear their own costs. v) That both parties hereto, shall be at liberty to canvass their respective interim orders before the learned Arbitrator, under Section 17 of the Act.
vi) That the Consequently, connected O.A.No. 239 of 2021 and Arb.A.No. 11 of 2021 be and are hereby closed. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 06th DAY OF APRIL 2021.
Sd./- ASSISTANT REGISTRAR (O.S.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.
SK 19.07.2021 O.P. No.320 of 2021 and O.A.No. 239 of 2021 and Arb.A.No.11 of 2021 ORDER:- DATED: 05.07.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 20.07.2021 APPROVED ON : 20.07.2021 Copy to:
The Hon'ble Mr.Justice K.Kannan, Former Judge of Punjab & Haryana, Sole Arbitrator 3/11, Lakshmi Colony, North Cresent Road, T.Nagar, Chennai 600 017.
(Mobile Nos.9780008145) with covering letter
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 5/7/2021 C O R A M THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR O.P.No.320 of 2021 O.A.No.239 of 2021 a n d Arb.Application No.11 of 2021 M/s. Evolve Business Ventures A Proprietary concern rep. By its Proprietor Mrs.Mamta Lunked No.18/1, S.Kariappa Road Model House Cross Road Basavangudi Bangalore 560 004.
...
Petitioner Vs The Airport Director The Airport Authority of India Chennai Airport Chennai 600 016.
...
Respondent Original Petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint a sole Arbitrator to adjudicate upon the disputes and claims that have arisen between the parties
hereto under the subsisting Master Concession Agreement dated 9/11/2018 between the parties.
For petitioner ...
Mr.Agilesh Kumar for Mr.N.R.Elango Senior Counsel For respondent ...
Mr.S.Venkatesan Standing Counsel - - - - - -
O R D E R
This Original Application has been filed to appoint an independent and sole Arbitrator to adjudicate upon the disputes and claims that have arisen between the parties hereto under the Master Concession Agreement, dated 9/11/2018 between the parties.
2. The learned counsel appearing for the petitioner submitted that as per the Letter of Intend to award, dated 12/7/2018 and Master Concession Agreement, dated 9/11/2018, respondent has to handover 1000 sq.mt area. But, the respondent is avoiding to hand over.
3. Heard Mr.Agilesh Kumar, learned counsel for the petitioner and Mr.S.Venkatesan, learned Standing Counsel for the respondent.
4. The petitioner and respondent had agreed to have seat of arbitration at Chennai, as per Clause 22 of the Master Concession Agreement, dated 9/1/2018, entered between the parties. Since the dispute arose between the parties, petitioner has come forward with the present Original Petition, praying for the relief, as stated supra.
5. Since the petitioner and respondent had agreed to have seat of arbitration at Chennai, this Court is inclined to appoint Mr.Justice K.Kannan, Former Judge of Punjab and Haryana as an Arbitrator to arbitrate the disputes between the parties.
6. Accordingly, this original petition is ordered as follows: i) Mr.Justice K.Kannan, Former Judge of Punjab & Haryana, 3/11, Lakshmi Colony, North Cresent Road, T.Nagar, Chennai 600 017 (Mobile Nos.9780008145) is appointed as a Sole Arbitrator to enter upon reference and adjudicate the matter. ii] The learned sole 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.
7. This Original Petition is ordered accordingly, leaving the parties to bear their own costs. Parties are at liberty to canvass their respective interim orders before the learned Arbitrator, under Section 17 of the Act. Consequently, connected applications are closed. Sd./-(N.S.K.J.,) 5/7/2021 //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.