R.P.S.Mahendhiran, S/O.R.P.Shankar, Proprietor North East Constructions, v. R.Sarasu, W/O.C.Ramakrishnan,

THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 16.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR and O.A.Nos.187 and 188 of 2020 R.P.S.Mahendhiran . . . Petitioner

Versus

R.Sarasu . . . Respondent PRAYER : Petition filed under Section 11(5) of Arbitration and Conciliation Act, 1996 to appoint an arbitrator pursuant to the arbitration agreement found in the joint venture agreement dated 12.07.2018 to arbitrate the disputes arising under the above agreement between petitioner and respondent. For Petitioner : Mr.T.T.Ravichandren For Respondent : Mr.Jayanth for Vinayagavishnu

ORDER

This original petition has been filed to appoint an arbitrator pursuant to the arbitration agreement found in the joint venture agreement dated 12.07.2018 to arbitrate the disputes arising under the above agreement between petitioner and respondent.

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2.Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3.As dispute arose in the Joint Venture Agreement entered between the parties, this petition has been filed for appointment of an Arbitrator. The parties are governed by the Joint Venture Agreement entered between the parties and Clause 27 of the Joint Venture Agreement provides for reference to the Arbitrator.

4. Considering the above facts and circumstances, it is ordered as follows:

i] that Mr.T.Mohan, Flat 2, Temple Glade Apartments, No.64, Beach Road, Kalakshetra Colony, Besant Nagar, Chennai - 600 090, Mobile No.8056100357 is appointed as a Sole Arbitrator to enter upon reference and adjudicate the matter.

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ii] That the learned Arbitrator appointed herein, shall 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.

iii] That the learned Sole Arbitrator appointed herein shall be paid fees of Rs.50,000/- (Rupees fifty thousand only) and the same shall be borne by the parties equally.

5. This Original Petition is ordered accordingly, leaving the parties to bear their own costs.

6. Post the Original Application Nos. 187 and 188 of 2020 on 18.06.2021.

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N. SATHISH KUMAR,J.

msv and O.A.Nos.187 and 188 of 2020 16.04.2021 Page No.4/4