M/S.Dhanam S Knit Garments v. R.Palanisamy

In the High Court of Judicature at Madras Dated: 30.01.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice Original Petition No. 470 of 2012 M/s. Dhanam's Knit Garments rep. by its Partner Mr. Rajendran 3/835, Vigneswara Nagar near RPS Kalyana Mandapam Palladam Road Tirupur Taluk and District.

.. Petitioner vs.

1. R. Palanisamy

2. R. Duraisamy

3. S.A. Sree Ramulu District and Sessions Judge (Retired) Sole Arbitrator 2A/5th Cross Street, Lalbahadur Colony Peelamedu, Coimbatore.

.. Respondents --- PRAYER : Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator to resolve the dispute between the parties arising out of Agreement dated 05.04.1996. ---

For Petitioner :

Mr. N. Umapathi For Respondents : Mr. G. Ehirajulu for R1 ---

O R D E R

In order to put an end to the dispute over who should be the Arbitrator and in view of the fact that it is a case of sole arbitration and the respondents did not specifically give their consent, it is agreed that a new Arbitrator be appointed by consent of both parties before this Court.

2. In view of the aforesaid, with the consent of the learned counsel for both parties, I appoint Thiru. A.S. Venkatachalamoorthy, a retired Judge of this Court, as the Sole Arbitrator, to enter upon reference and, 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. The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses, which shall be borne by the parties equally.

3. The original petition accordingly stands allowed, leaving parties

to bear their own costs.

[S.K.K., CJ] ATR 30.01.2015.

THE HON'BLE THE CHIEF JUSTICE ATR O.P. No.470 of 2012 30.01.2015