M/S.Thomas Cook(India) Ltd v. M/S.Aircel Ltd.,

In the High Court of Judicature at Madras Dated : 16.10.2015 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.636 of 2015 M/s.Thomas Cook (India) Ltd., Thomas Cook Building, Dr.D.N.Road, Fort, Mumbai.

.. Petitioner -vs1.M/s.Aircle Ltd., No.769, Spencer's Plaza, 5th Floor, Anna Salai, Chennai.

2.M/s.Dishnet Wireless Ltd., No.769, Spencer's Plaza, 5th Floor, Anna Salai, Chennai.

.. Respondents Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint a sole arbitrator in terms of Clause 12 of the Travel Services Agreement dated 01.01.2009 to adjudicate all disputes between the Petitioner and Respondents in respect of the Travel Services Agreement dated 01.01.2009.

For Petitioner : Mr.Menon For Respondents : Mr.Sathish Parasaran * * * * *

O R D E R

After hearing the learned counsel for parties, it is agreed that the disputes between the parties be referred to the sole arbitration of Mrs.Justice Chitra Venkataraman, a retired Judge of this Court, as the Sole Arbitrator and that the arbitration be held under the aegis of the Madras High Court Arbitration Centre. At request of learned counsel for the respondent, the issue of any award to be rendered being binding on the second respondent is left open to be decided in the main arbitration proceedings.

2.I, thus, appoint Mrs.Justice Chitra Venkataraman, a retired Judge of this Court, as the Sole Arbitrator to enter upon the reference and adjudicate the disputes inter se the parties. As requested, the arbitration proceedings will be conducted under the aegis of the Madras High Court Arbitration Centre and the parties will be governed by the Rules of the Centre.

3.The original petition is, accordingly, allowed, leaving the parties to bear their own costs.

(S.K.K., CJ.) 16.10.2015 sra

Note: Mark a copy to (i) The Addl. Registrar-Vigilance Madras High Court Arbitration Centre, Madras High Court Campus, Chennai.

(ii)The Arbitrator, as referred above.

The Hon'ble Chief Justice (sra) O.P.No.636 of 2015 16.10.2015