Medall Scans And Labs Private v. Green Turtle Health Solutions

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2018

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ O.P.NO.838 OF 2018 AND O.A.NOS.188, 189 OF 2018 AND A.NO.1708 OF 2018 Medall Scans and Labs Private Limited No.67, 2nd Floor, TNPL Building, Anna Salai, Guindy, Chennai - 600 032.

...

Petitioner Vs.

1.Green Turtle Health Solutions LLP No.96, 1st Main Road, 4th Cross, Ittamadu BDA Layout, Banashankari 3rd Stage, Bengaluru - 560 085.

2.Harish Kalamanagudi Gurudevaprasad 3.Sahana Gangappa Vijaya Gowda .... Respondents PRAYER: PETITION under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator in terms of the Agreement dated 24.11.2014 entered into between the Petitioner and the Respondents (vide the assignment dated 02.01.2016) for the purpose of adjudicating upon

the disputes that have arisen between the petitioner and the respondents and to award costs of the present proceeding to the petitioner. For Petitioner :

Mr.T.K.Bhaskar for M/s.Srinath Sridevan For Respondents 2&3:

Mr.K.Chandrasekaran

O R D E R

This Original Petition is filed seeking appointment of a Sole Arbitrator to resolve the disputes between the petitioner and the respondents.

2.When the matter is called for hearing today, both the learned counsel agreed that Mr.S.Parthasarathy, Senior Advocate be appointed as Sole Arbitrator to adjudicate upon the disputes inter se the parties.

3.Thus, I appoint Mr.S.Parthasarathy, Senior Advocate, No.7, Second Street, Jagadambal Colony, Royapettah, Chennai-600014. Mobile: 9176637537 / 28476326 as the sole Arbitrator to enter upon the reference and after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible within a period of six months

from the date of receipt of the order. The learned Arbitrator is at liberty to fix his remuneration as well as schedule of expenses which shall be borne by both parties equally. The proceedings may be conducted under the aegis of the Madras High Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules.

4. This Court has already granted interim injunction under Section 9 of the Arbitration and Conciliation Act, 1996, in O.A.Nos.188 and 189 of 2018, on 02.03.2018, restraining the respondents from alienating the property. The said order will be in force till the application to be filed under Section 17 of the Arbitration and Conciliation Act, 1996, before the Arbitrator, is disposed of.

5. The Original Petition is disposed of accordingly. No costs. Consequently, connected applications are closed. 10.12.2018 TK Note: Issue order copy on or before 14.12.2018

M.GOVINDARAJ, J.

TK O.P.NO.838 OF 2018 10.12.2018