Wilo Mather And Platt Pumps v. Cethar Limited

In the High Court of Judicature at Madras Dated : 31.07.2015 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.406 of 2015 WILO Mather and Platt Pumps Private Limited, Greaves Compound, Chinchwad Works, Mumbai - Pune Road, Chinchwad, Pune - 411 019.

.. Petitioner -vsCethar Limited, No.4, Dindugal Road, Tiruchirapalli-620 011, Tamil Nadu.

.. Respondent Petition filed under Section 11 (5) of the Arbitration and Conciliation Act, 1996 to refer the dispute between the petitioner and the respondent to arbitration as decided by the arbitration clause, being clause 29 of the Purchase Orders and as mandated by the provisions of the Arbitration and Conciliation Act, 1996 and to appoint a Sole Arbitrator in terms of Section 11(5) of the Arbitration and Conciliation Act, 1996 to resolve the disputes that have arisen between the petitioner and the respondent.

For Petitioner : Ms.Samyuktha for M/s.Shivakumar & Suresh For Respondent : Mr.P.J.Rishkesh * * * * *

O R D E R

The learned counsel for parties agree that the https://hcservices.ecourts.gov.in/hcservices/ claims' and counter-claims' of the parties as may be preferred be decided by Mr.K.Nazir Ahamed, a retired

District Judge as the venue of arbitration is at Tiruchirapalli.

2. I, thus, appoint Mr.K.Nazir Ahamed, a retired District Judge, residing at No.7, 4th Cross street, Banker's Colony, Kumaran Nagar, Tiruchirapalli-620 017 as the Sole Arbitrator to enter upon the reference and 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. The venue of arbitration is Tiruchirapalli as agreed to by both parties. The learned Arbitrator shall fix the remuneration as per Rules of the Madras High Court Arbitration Centre (MHCAC) (Arbitration Proceedings) & (Administrative Cost and Arbitrators' Fees) Rules, 2014.

3. The Original Petition is accordingly allowed, leaving the parties to bear their own costs.

Sd/. (S.K.K., CJ.) 31.07.2015 //Certified to be a true copy// Dated this the day of 2015.

R.s/25.09.2015 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

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