Madras High CourtOP/884/2015allowed

T.V.Deepa v. K.C.Uma Chander

2016-01-08Honourable The Chief Justice4 pages

In the High Court of Judicature at Madras Dated : 08.01.2016 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.884 of 2015 T.V.Deepa .. Petitioner -vs1.K.C.Uma Chander 2.A.Maragathavalli .. Respondents Petition filed under Section 11 (5) of the Arbitration and Conciliation Act, 1996, to appoint an impartial and independent Arbitrator in terms of Clause 16 of the Partnership deed between the petitioner and the respondents dated 13.10.2012. For Petitioner : Mr.T.Gowthaman For Respondents : Mr.N.Chandraraj * * * * *

O R D E R

Mr.N.Chandraraj, learned counsel has entered appearance for the respondents.

2.It is suggested by the learned counsel for the respondents that before taking recourse to arbitration for resolving the disputes, an endeavour may be made to first settle the disputes through the process of mediation.

3.It is agreed that the disputes be first referred to the Tamil Nadu Mediation and Conciliation Centre, Madras High Court Campus and the parties will appear before the Centre on 20.01.2016. The Mediator will endeavour to resolve the disputes within a period of two

(2) months from that date or any extended period as may be granted by the Court.

4.In case, the parties are unable to resolve the disputes through mediation, it is agreed that the disputes be referred to the sole arbitration of Mr.Justice G.M.Akbar Ali, a retired Judge of this Court, with the arbitration being held under aegis of the Madras High Court Arbitration Centre and the parties will be governed by the Rules of the Centre.

5.Ordered accordingly.

6.The original petition is, accordingly, disposed of, leaving the parties to bear their own costs.

(S.K.K., CJ.) 08.01.2016 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.

(iii)The Assistant Registrar, Tamil Nadu Mediation and Conciliation Centre, Madras High Court Campus, Chennai.

The Hon'ble Chief Justice (sra) O.P.No.884 of 2015 08.01.2016