M/S.Samunnati Agro Solution Pvt Ltd, Represented By Its Senior Manager Mr.D.Vijayakarthi, v. Mr.S.R.Ravishankar, S/O. Mr.Rajendran,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 25th DAY OF JUNE 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR Arb. O.P. (Comm. Div.) No.366 of 2021 In the matter of application filed under Section 11 of the Arbitration and Conciliation Act of 1996 as amended by Act No.(3 of 2016) & (33 of 2019) and In the matter of arbitration disputes between M/s.Samunnati Agro Solutions Private Limited and M/s.Aadhavhan Impex, rep. by its Sole Proprietor, Mr.S.R.Ravishankar in respect of Sourcing and Distribution Agreement dated 05.02.2018.
M/s.Samunnati Agro Solutions Pvt. Ltd., Registered office at Baid Hi Tech Park, 8th Floor, No.129-B, East Coast Road, Thiruvanmiyur, Chennai-600 041 rep. by its Senior Manager, Mr.D.Vijayakarthi ... Petitioner -VersusMr.S.R.Ravishankar, S/o.Mr.Rajendran, Sole Proprietor of Aadhavhan Impex, No.11/9B, Kasukadai Street, Dindigul-624 001.
... Respondent Original Petition praying that this Hon'ble Court be pleased to:-
a) appoint an independent sole arbitrator for resolving the dispute of default in payment of dues arisen between the petitioner and the respondent; b) direct the respondent to pay the cost of the petition. This Original Petition coming on this day before this court for hearing through video conferencing in the presence of Mr.S.Dhakshnamoorthy, advocate for the petitioner herein and the respondent herein not appearing in person or by advocate and upon reading the petition and the affidavit of D.Vijayakarthi filed herein, it is ordered as follows:- That Mr.Abishek Jenasenan, New No.15, Old No.6, Deivasigamani Street, Lakshmipuram, Royapettah, Chennai 600 014 (Mobile No.9600000036), be and is hereby appointed as an 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 25th DAY OF JUNE 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.
KLY-12/07/2021 Arb. O.P. (Comm. Div.) No.366 of 2021
ORDER
DATED: 25.06.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 12.07.2021 APPROVED ON : 13.07.2021 Copy to:
Mr.Abishek Jenasenan, Arbitrator, New No.15, Old No.6, Deivasigamani Street, Lakshmipuram, Royapettah, Chennai 600 014.
(Mobile No.9600000036)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25/6/2021 C O R A M THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR Arb.Original (Comm) P.No.366 of 2021 Samunnati Agro Solutions Pvt Ltd.
...
Petitioner Vs S.R.Ravishankar ...
Respondent Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint an independent Arbitrator for resolving the dispute of default in payment of dues arisen between the petitioner and respondent. For petitioner ...
Mr.S.Dhakshnamoorthy For respondent ...
No appearance - - - - -
O R D E R
This Original Petition has been filed to appoint an independent Arbitrator for resolving the dispute of default in payment of dues arisen between the petitioner and respondent.
2. Heard Mr.S.Dhakshnamoorthy, learned counsel for the petitioner.
3. Notice sent to the respondent has been returned. Eventhough the name of the respondent is printed in the cause list, neither the respondent appeared through Video Conferencing nor the Pleader.
4. Since the respondent has failed to come forward for settling the dispute amicably, this Court is inclined to appoint Mr.Abishek Jenasenan, Advocate, as an Arbitrator, to arbitrate the disputes between the petitioner and respondent.
5. In view of the above, Mr.Abishek Jenasenan, learned Advocate is appointed as an Arbitrator, to settle the disputes between the petitioner and respondent.
6. Accordingly, this Original Petition is ordered as follows: i) Mr.Abishek Jenasenan, New No.15, Old No.6, Deivasigamani Street, Lakshmipuram, Royapettah, Chennai 600 014 (Mobile No.9600000036), is appointed as an 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.
7. This Original Petition is ordered accordingly, leaving the parties to bear their own costs.
Sd./-N.S.K.J.
25/06/2021 //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.