Inter-Mission Switzerland v. M/S. Inter-Mission Industrial Development Association

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.07.2022

CORAM

THE HON'BLE Mr.JUSTICE M.SUNDAR Arb.OP.(Com.Div) No.284 of 2022 Inter-Mission Switzerland, A Society registered under the Laws of the Federal Republic of Switzerland, Represented by its Secretary, Mr.Philippe Beyeler, Son of Francis Beyeler, Having its office at No.24, Leisenbergstrasse 4410, Liestal Switzerland.

... Petitioner -Vs1. Inter-Mission Industrial Development Association Represented by Mr.Jochen Tewes, and Mr.T.Jothi Pandian No.2, 6th Cross Street, Collectorate Colony, Aminjikarai, Chennai-600 029.

2. Inter Mission India Represented by its President Mr.K.B.Edison, Having registered office at No.4/108, B-Shanthi Nagar, Kalaingar Street, Alamathi, Chennai-600 052.

3. Inter Mission Germany, A society registered under the Laws of the Federal Republic of Germany, Inter-Mission e.v.

Lohweg 11, 30559 Hannover.

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4. Ceebros Property Development, Represented by its Director, Mr.C.Subba Reddy, Having office at "SUKRITI", 19/1 Third Cross Street, R.A.Puram, Chennai-600 028.

... Respondents Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator in terms set out in Section 11(6)(A) of The Arbitration and Conciliation Act, 1996 to decide the dispute between the petitioner and the respondents.

For Petitioner : Mr.Sharath Chandran along with Mr.T.M.Mano ****

ORDER

Mr.Sharath Chandran along with Mr.T.M.Mano, learned counsel who are before this Court very fairly submits that the captioned Arb OP pertains to an 'International Commercial Arbitration' within the meaning of Section 2(1)(f) of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of brevity, convenience and clarity]. This means that the captioned matter which is under sub-section (6) of Section 11 of A and C Act ought to be filed in the Hon'ble Supreme Court owing to 2/9

sub-section (12) sub-clause (a) of Section 11 of A and C Act. Learned counsel very fairly points out that another learned counsel was in a similar situation before this Court and this Court made an order dated 02.03.2022, which reads as follows:

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2. Counsel on record Mr.T.M.Mano has made an endorsement in the case file and a scanned reproduction of the same is as follows:

3. Considering the facts and circumstances of the case and the trajectory the matter has taken request for withdrawal and request to preserve the rights of the petitioner to approach Hon'ble Supreme Court on the same cause of action are acceded to.

4. Sequitur is, captioned Arb.OP is disposed of as withdrawn (closed) albeit preserving the rights of the petitioner to approach Hon'ble Supreme Court on the same cause of action with a same/similar prayer, if so advised and if so desired. There shall be no order as to costs. 06.07.2022 kmi 8/9

M.SUNDAR, J kmi Arb.OP.(Com.Div) No.284 of 2022 06.07.2022 9/9