Mr.A.Srivatsan v. Mr.P.Mahendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 07TH DAY OF JANUARY 2019 THE HON'BLE MR.JUSTICE M.GOVINDARAJ O.P. No.803 of 2018 In the matter of Section 11 of the Arbitration and Conciliation Act,1996 And In the matter of disputes arising out of the Construction Agreement dated 19.02.2015 between Mr.Srivatsan (represented by his Power Agent Mr.P.Senthilkumar) and Mr.P.Mahendran, Proprietor, M/s.Akshobhya Homes.

Mr.A.Srivatsan, No.1,F-Block, Vignesh Mantharalaya, Ragavendrapuram,Srirangam, Trichy - 620 006, Represented by his Power Agent Mr.P.Senthilkumar : Petitioner Vs.

Mr.P.Mahendran, Proprietor, M/s Akshobhya Homes, 2-D, No.43, Sri Ranga Complex, Ranganathapuram, Officers Colony, Puthur, Trichy - 620 017.

: Respondent Original Petition praying that this Hon'ble Court be pleased to (a) Appoint an Arbitrator in furtherance of Para 14 of the Construction Agreement dated 19.02.2015 to adjudicate upon (b) the disputes / differences between the Petitioner and the Respondent; (c) direct the Respondent to pay the costs of these proceedings.

This Original Petition coming on this day before this court for hearing in the presence of Mr.Suhrith

Parthasarathy, Advocate for the Petitioner herein, and the respondent herein not appearing in person or by advocate and upon reading the petition, and the Affidavit of P.Senthilkumar filed herein, and the order herein dated 12.09.2018, It is ordered as follows:- That Mr.R.Devaraj, Advocate, No.10, Rangasamy Nagar, Uthankudi, Madurai, Mobile : 9443918333 be and is hereby appointed as the Sole Arbitrator to enter upon the reference and adjudicate the disputes inter se the parties.

2. That the learned Arbitrator appointed herein, 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 copy of this order.

3. That the learned Arbitrator appointed herein shall be at liberty to fix his remuneration and other incidental expenses and the same shall be borne by both parties equally.

4. That the proceedings shall be conducted under the aegis of the Madras High Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules.

5. That there shall be no costs of this petition. WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 07th DAY OF JANUARY 2019.

Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

sk 28.01.2019 O.P. No.803 of 2018

ORDER

DATED: 07.01.2019 THE HON'BLE MR.JUSTICE M.GOVINDARAJ FOR APPROVAL: 29.01.2019 APPROVED ON : 30.01.2019 Copy to:

1. Mr.R.Devaraj, Advocate Commissioner, No.10, Rangasamy Nagar, Uthankudi, Madurai.

Mobile : 9443918333

2. The Additional RegistrarVigilance Madras High Court Arbitration Centre Madras High Court Campus, Chennai.