M/S Osi Digital Pvt Ltd., (Formerly Known As Osi Consulting Pvt.Ltd) v. M/S Sify Technologies Ltd,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.10.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISHKUMAR M/s OSI Digital Pvt. Ltd., (formerly known as OSI Consulting Pvt Ltd., having its registered office at Plot No.37, L & T Infocity Lane, HITEC City, Phase-2, Madhapur, Hyderabad.

having branch office at C-23, Guindy Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai, Tamil nadu 600 032.

rep by its authorized signatory, Mr.Dhandayuthapani D.A., ... Petitioner Vs.

M/s SIFY Technologies Ltd., office at II floor, Tidel Park, No.4, Rajiv Gandhi Salai, Taramani, Chennai 600 113.

.... Respondent Prayer : Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator as per Clause 22 of the master Service Agreement dated 20.01.2017 for the purpose of adjudication of the dispute that arose between the petitioner company

and the respondent in respect to recover the payment of legally enforceable debt from the respondent company. For Petitioner : Ms.Mahesh Kumar For Respondents : Mr. Rangasaran Mohan

ORDER

This petition has been filed seeking for appointment of a sole Arbitrator to adjudicate the disputes that has arisen between the parties in respect of the master Service Agreement dated 20.01.2017.

2. When the matter is came up before this court, the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents have submitted that they have no objection for referring the matter before the sole Arbitrator and they have also agreed to have a senior Advocate Mr.N.L.Raja, as arbitrator to enter upon the reference in this matter.

5. Accordingly, it is ordered as follows:

i) That Mr.N.L.Raja, Senior Advocate, No.12, Gangai Street, Kalakshetra Colony, Besant nagar, Chennai-90 be and is hereby appointed as Arbitrator to enter upon the 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.

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.

6. The Original Petition is ordered accordingly, leaving the parties to bear their own costs.

01.10.2020 Index: Yes/No Internet: Yes/No Speaking/non speaking Order mst Copy to Mr. N.L.Raja, Senior Advocate, No.12, Gangai Street, Kalakshetra Colony, Besant nagar, Chennai-90

N. SATHISHKUMAR, J.

mst 01.10.2020