V Ashok Kumar v. M/S Hinduja Leyland Finance Limited And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.12.2020

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA V.Ashok Kumar ... applicant Vs.

1.M/s.Hinduja Leyland Finance Limited Having its registered office at No.1, Sardar Patel Road Guindy, Chennai - 600 032.

2.The Branch Manager M/s.Hinduja Leyland Finance Limited No.10, 1st East Main Road, Suthanthira Ponvizha Nagar, Gandhi Nagar, Vellore, Tamil Nadu - 632 006 ... respondents Prayer: Judges summons filed under Order XIV Rule 8 r/w Section 9 of the Arbitration and Conciliation Act, 1996 to pass an order of interim direction, directing the respondents to release the heavy Commercial 1/4

Vehicle / Tipper Lorry bearing registration No.TN83Q 5233 within a stipulated time to the applicant.

For Applicant :

Mr.Ralph V Manohar For Respondents :

Mr.S.R.Sundar

ORDER

After arguing the matter, the learned counsels have agreed for the arbitrator to be appointed to resolve the dispute between the two.

2. In the light of the above circumstances this Court is passing the following order:

i) Mr.A.J.Jawad, Advocate, No.5/1, Jagajeevan Ram Avenue, East Coast Road, Injambakkam, Chennai - 600 115, Mob: 98400 87114, is appointed as an Arbitrator.

ii) The arbitrator may, after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within 2/4

a period of six months from the date of receipt of the order. It is open to the respondent to raise all legal objections as to the validity of contract. iii) The arbitrator is at liberty to fix the remuneration and other incidental expenses as per law.

iv) 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.

3. The application is, accordingly, closed, leaving the parties to bear their own costs.

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