P.Kishore v. Sunny Varkey

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.409 of 2015 P.Kishore, representing PK Group, No.4, Shalom Apartments, 1, Josier Street, Nungambakkam, Chennai-600 034.

.. Petitioner -vsSunny Varkey, representing Varkey Group Limited, Block A, 1st Floor, Plot No.40, SPInfocity, Kandanchavadi, Perungudi, Chennai-600 096.

.. Respondent Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator for the respondent herein to redress the disputes between the petitioner and respondent as per the terms of the contract dated 05.03.2012 under the Arbitration and Conciliation Act, 1996.

For Petitioner : Mr.Kabilan Senior Counsel for M/s.G.Krishnakumar * * * * *

O R D E R

The learned counsel for the petitioner points out that a letter has been circulated on behalf of the respondent by the counsel stating that they had appointed Hon'ble Mr.Justice S.P.Kurdukar (retired Judge of Supreme Court) as the nominee arbitrator, who has given consent. The petitioner has already appointed Ho'ble Mr.Justice P.Mohan Ram, a retired Judge of this Court as their nominee arbitrator. The two Arbitrators would naturally, in turn, appoint the Presiding Arbitrator.

2. The cause for approaching this Court does not survive as it was on account of the failure of the respondent to appoint their nominee arbitrator.

3. The petition, accordingly, stands closed. No costs. (S.K.K., CJ.) 31.07.2015 bbr

The Hon'ble Chief Justice bbr O.P.No.409 of 2015 31.07.2015