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Madras High CourtOP/409/2021ordered

M/S.Proconnect Supply Chain Solutions Ltd v. M/S.Rajprotim Agencies Pvt Ltd

2021-06-25Honourable Mr Justice N. Sathish Kumar5 pages

THE HIGH COURT OF JUDICATURE AT MADRAS Date 25.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR O.P.No.409 of 2021

1. M/s.ProConnect Supply Chain Solution Limited Rep. by its Chief Financial Officer, Mr.N.R.Venkatesan, "Redinton House Centre Point", Plot No.11 [SP], Thiru Vi.Ka Industrial Estate, Guindy, Chennai - 600 032.

2. M/s.Rajprotim Supply Chain Solutions Limited, Rep. by its Director Mr.E.H.Kasturi Rangan, 48, Satish Mukherjee Road, Rashbihari Avenue, Kolkata - 600 026.

. . . Petitioners

Versus

1. M/s.Rajprotim Agencies Private Limited, Represented by its Managing Director, Mr.ParthaProtim Banerjee, No.49/89, Prince Golam Mohammed Shal Road, Golf Garden, Kolkata - 700 033.

2. Mr.Partha Protime Banerjee No.49/89, Prince Golam Mohammed Shal Road, Golf Garden, Kolkata - 700 033.

Also at 40/1E, Dharmatala Road, Harish Apartment 2nd Floor, Kolkatta - 600 042.

Page 1 / 5

3. Mrs.Rajasree Banerjee, Director, M/s.Rajportim Agencies Private Limited, Flat No.9D, 41, Bose Pukur Road, Hastings Tower, Flat - 9D, Kasba, Kolkata - 700 042, West Bengal . . . Respondents PRAYER : Applicant filed under section 11(6) of the Arbitration and Conciliation Act, 1996 to constitute an Arbitral Tribunal by appointing an Arbitrator as per the Settlement Agreement dated 06.12.2019.

For petitioners : Mr.S.S.Rajesh For respondents : No representation

O R D E R

This petition has been filed for appointment of an arbitrator to resolve the dispute arising out of the Settlement Agreement dated 06.12.2019.

2. Though notice has been served on the respondent none appeared for the respondents.

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3. A perusal of Clause 6.2 of the Settlement Agreement entered between the parties, indicate that they have agreed to refer the dispute for arbitration and they have agreed that the arbitration shall be at Chennai.

4. In such view of the matter, it is ordered as follows: i) that Mr.K.Ravichandrabaabu, Judge [Retd.], High Court, Madras, residing at 1D, Cresent Castle, 13/6, II Cresent, Park Road, Gandhi Nagar, Adyar, Chennai - 600 020, Mobile Nos.9498033336, 9444011433 is appointed as a Sole Arbitrator to enter upon reference and adjudicate the matter.

ii] 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. Page 3 / 5

iii] That the learned Sole Arbitrator appointed herein be paid fees and other incidental charges fixed by him and the same shall be borne by the parties equally.

5. This Original Petition is ordered accordingly, leaving the parties to bear their own costs.

25 .06.2021 Index : Yes / No Internet: Yes Speaking/non speaking order vrc To, Mr.K.Ravichandrabaabu, Judge [Retd.], High Court, Madras, residing at 1D, Cresent Castle, 13/6, II Cresent, Park Road, Gandhi Nagar, Adyar, Chennai - 600 020, Mobile Nos.9498033336, 9444011433 Page 4 / 5

N. SATHISH KUMAR, J.

vrc order in:

O.P.No.409 of 2021 25.06.2021 Page 5 / 5