P Mahendra Kumar And Sons Huf, Partner Of M/S Jain Texport, Rep By Its Karta, P Mahendra Kumar v. M/S Jain Texport, A Partnership Firm Under The Indian Partnership Act 1932

K.KUMARESH BABU, J.

When these applications were taken up for hearing, the learned counsels appearing on either side had submitted that they had not disputed Clause of Arbitration which would be binding on the parties. Hence, to resolve the dispute that had arisen between the parties. They had evinced the interest in appointing an Arbitrator to dwell upon the dispute that had arisen between the parties. They would also submit that whatever applications that are pending on the file of this Court can also be made before the Arbitrator within a time frame and till such time the interim protection granted by this court can be continued and left to the decision of the Arbitrator. Thereafter, they also in unison requested this Court to appoint Hon'ble Mr.Justice K.Kannan, Former Judge of Punjab and Haryana Court to be appointed as an Arbitrator to resolve the dispute.

2. Eventhough, an application under Section 11 of the Arbitration and Conciliation Act has not been filed before this Court, by consent of parties I am inclined to appoint Hon'ble Mr.Justice K.Kannan, Former Judge of Punjab and Haryana Court residing at New No.22, Gilchrist Avenue, Opp. Harrington Road, Chetpet, Chennai-600031, as an Arbitrator based on the consent of both the counsels appearing on either side.

3. The learned Arbitrator shall enter reference on the dispute. The parties are at liberty to take out necessary application under Section 17 of the Act before the learned Arbitrator. However, such application shall be made within a period of two (2) weeks from the date of the learned Arbitrator entering reference. When such application has made, the learned Arbitrator shall decide the same as expeditiously as possible. Till such time the interim orders granted by this Court shall continue. It is left upon to the learned Arbitrator to vary or modify the order after hearing the respective parties.

4. The learned Sole Arbitrator is entitled to fix his fees as per the Schedule-IV to the Act. This Court further requests the learned Sole Arbitrator to endeavour to decide the dispute as expeditiously as possible.

5. Accordingly, this Arbitration Original Petition is ordered. 28.08.2024 GBA

K.KUMARESH BABU, J.

gba 28.08.2024