C.M.N.Muruganandan v. V.S.Velayutham

A.Nos.2779 and 2780 of 2018 C.SARAVANAN, J.

The learned Arbitrator appointed by this Court in these applications pursuant to order dated 03.08.2018, has now recused himself on account of several factors which are not relevant for passing further orders at this stage.

2. Both the learned counsel for the applicants as also the learned counsel for the respondents have agreed for appointment of a retired Judge of High Court with accounting background.

3. Recording the request of the learned counsel for the applicants and the learned counsel for the respondents, Hon'ble Mr.Justice.R.V.Easwar (Retd.,), Former Judge of the Delhi High Court, residing at Flat No.7, Balaji Apartments, 2nd Floor, 36, East Abhiramapuram, 3rd Street, Mylapore, Chennai - 600 004, (Mobile No.95608 99997) is appointed as the Sole Arbitrator to enter upon reference to adjudicate/resolve the inter se dispute between the parties. 1/4

4. The learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, endeavour to complete the arbitral proceedings and pass an award strictly in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as expeditiously as possible, preferably within a period of twelve months after the date of completion of pleadings under Sub-Section 4 to Section 23 as is contemplated in Section 29A of the Arbitration and Conciliation Act, 1996, without getting influenced by any of the observations made by this Court in this order.

5. The learned Arbitrator appointed herein shall be paid fees and other incidental charges as may be fixed with the consent of parties or in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and the same shall be borne by the parties equally. In case, the respondents remain ex parte, the applicants shall pay the entire fee and other incidental charges to the Arbitrator and later recover the same from the respondents.

6. Since this Court has appointed the Arbitrator, it is open to the applicants as well as the respondents to seek other reliefs under Section 17 2/4

of the Arbitration and Conciliation Act, 1996, before the learned Arbitrator.

7. These applications are disposed of accordingly, leaving the parties to bear their own costs.

07.03.2024 arb 3/4

C.SARAVANAN, J.

arb A.Nos.2779 and 2780 of 2018 07.03.2024 4/4