M/S.Pvr Inox Limited, v. M/S.Riverside Infrastructure (India) Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-04-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE M/s. PVR INOX Limited, Represented by its Authorized Signatory,Mr.Alok Kumar, 7th Floor, Lotus Grandeur Building, Veera desai Road, Opposite to Gundecha Symphony, Andheri(W)Mumbai - 400 052 and Regional Office at No.25, Mamatha Complex, 5th Floor, Whites Road, Royapettah, Chennai,Tamil Nadu 600 014.

..Petitioner vs.

M/s. Riverside Infrastructure (India)Private Limited 57/2B, Sri Sai Subhodhaya Apartments, East Coast Road, Tiruvanmiyur, Chennai - 600 041.

..Respondent For Petitioner : Ms.Aparajitha Viswanath For Respondent : Mr.B.Ramanakumar

ORDER

Learned counsel for the respondent, on instructions, has stated no objection for allowing this petition. This petition has been filed seeking for substitution of the Arbitrator, since the Arbitrator appointed earlier had

expressed his unwillingness to proceed with the arbitration since reservations were expressed by the respondent based on the disclosure made by the Arbitrator in the arbitration.

2. This Court is satisfied with the reasons contained in the petition for seeking substitution of the Arbitrator. Since the respondent has also stated no objection for substituting the Arbitrator, this Court has to necessarily substitute the Arbitrator as prayed for in this petition.

3. Accordingly, this Court substitutes Mr.M.V.Swaroop, Advocate, having office at No.17/5, Krishna Street, T.Nagar, Chennai - 600 017 (Cell No.9003263741) as the sole Arbitrator to adjudicate the dispute between the parties arising out of the Term Sheet dated 21.06.2018 entered into between the petitioner and the respondent in the place of Mr.V.Nallasenapathy, Advocate. The Arbitrator appointed by this Court shall be paid his remuneration/fees in accordance with the 4th Schedule of the Arbitration and Conciliation Act, 1996.

4. Both the parties shall equally share the Arbitrator's fees. The Arbitrator substituted by this Court shall commence the arbitration from the stage of the arbitration conducted by the erstwhile Arbitrator, Mr.V.Nallasenapathy. The

substituted Arbitratator shall conduct the arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act. 17.04.2025 vsi ABDUL QUDDHOSE,J.

vsi 17.04.2025