Shree Sudharsanam Family Trust, Rep. By Its Author/Managing Trustee Mr.S.Gopinath, v. M/S Antarrtica, Rep. By Its Prop. Mr.D.V.Karunaakar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 14.08.2020
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISHKUMAR Shree Sudharsanam Family Trust, rep. By its Author/Managing Trustee, Mr.S.Gopinath, s/o late Sudharsanam Old No.49, New No.East park Road, Shenoy Nagar, Chennai 600 030.
... Petitioner Vs.
M/s Antarrtica, Rep. By its Prop Mr.D.V.Karunaakar, No.7, T.Kamalabal Street, T.Nagar, Chennai 600 017.
... Respondent Prayer: Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 read with Order 43 Rule 1 and Order 14 Rule 8 of O.S. Rules High Court Madras to appoint an Arbitrator to adjudicate the dispute between the petitioner in the notice dated 20.03.2020 arising under the memorandum of agreement dated 19.01.2018. * * * For Petitioner : Ms.T.Surekha For Respondent : Mr.Sharath Chandran for Mr.Govind Chandrasehar 1/4
Order This petition has been filed for appointment of Arbitrator to enter upon the dispute between the parties.
2. The learned counsel appearing for the petitioner and the learned counsel appearing for the respondent have no objection in appointing a sole Arbitrator.
3. Since the matter is with regard to the return of advance amount and the respondent is also having counter claim, with the consent of both sides, Mr.V.P.Raman, Advocate is appointed as sole arbitrator to enter upon the dispute between the parties.
4. Accordingly, it is ordered as follows:
i) That Mr.V.P.Raman, Advocate, New No.7, Old No.15, Ajay Apartment, 4th floor, flat No.2, Hanumantha Road, Balaji Nagar, Royapettah, Chennai-14, be and is hereby appointed as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties. 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.
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iii) That the learned Arbitrator appointed herein shall be at liberty to fix his remuneration and other incidental expenses, which shall be borne by the parties equally.
iv) That the Arbitration proceedings shall be conducted under the aegis of the Madras High Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules.
5. This Original Petition is ordered accordingly, leaving the parties to bear their own costs.
14.08.2020 Index: Yes/No Internet: Yes/No Speaking/non speaking Order mst 3/4
N. SATHISHKUMAR, J.
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