M/S.Loyal Housing Developments (P)Limited, Rep. By Its Managing Director Mr.J.Umaamaheswaran v. M/S.Vyas Builders (P) Limited, Rep By Its Managing Director Mr.Ronak Goyal,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.02.2022 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR Arb O.P.(Com. Div.)No.178 of 2021 Loyal Housing Developments (P) Limited Represented by its Managing Director Mr.J.Umaamaheswaran Having Office at Plot No.1402, H Block Anna Nagar, Chennai - 600 040 ... Petitioner vs.

M/s. Vyas Builders Private Limited Represented by its Managing Director Mr.Ronak Goyal Having Office at No.18/19 Venkata Maistry Street Chennai - 600 001 And Presently C/o.Siddharth Mercentile Private Limited No.824, EVR Periyar Salai Bhandari Towers, Chennai - 600 010 ... Respondent Arbitration Original Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator for adjudication of dispute between the petitioner and respondent.

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For petitioner :

Ms.C.Harini For Respondent :

Ms.M.Rittika for M/s.Nathan and Associates

O R D E R

Ms.C.Harini, learned counsel for petitioner and Ms.Rittika of M/s.Nathan and Associates (Law Firm) on behalf of lone respondent are before this Court.

2. Captioned 'Arbitration Original Petition ('Arb.O.P' for the sake of brevity) has been presented in this Court on 26.08.2021 under Section 11 of A and C Act inter alia with a prayer for appointment of an Arbitrator.

3. Notwithstanding the earlier proceedings, today the aforementioned two learned counsel submit on instructions from their respective clients that the petitioner and respondent are agreeable for appointment of a sole Arbitrator by this Court. This draws the curtains on the captioned Arb.O.P, more so in the light of sub-section (6A) of Section 11 of A and C Act, which sets out the legal perimeter of a legal drill under Section 11. Therefore, it 2/5

would suffice to say that arbitrable disputes have arisen between the parties from and out of an agreement dated 21.03.2010, which is captioned 'JOINT VENTURE AGREEMENT'. To be noted, Clause 11 thereat is the arbitration clause and the same serves as an arbitration agreement between the parties within the meaning of Section 2(1)(b) read with Section 7 of A & C Act.

4. Captioned Arb.O.P is disposed of by appointing Hon'ble Mr.Justice N.Authinathan (Retd.,), a former Judge of this Court residing at No.37, ABlock, Lakshmi Nivas, Marshalls Road, Egmore, Chennai -8, (Ph:29996122, Mob: 9445508822) as sole Arbitrator. Hon'ble sole Arbitrator is requested to enter upon reference and adjudicate upon the arbitrable disputes between the petitioner and respondent. The arbitration shall be conducted in the Arbitration and Conciliation Centre under the aegis of this Court (MHCAC) in accordance with the Madras High Court Arbitration Proceedings Rules, 2017 and Hon'ble Arbitrator's fee shall be as per Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees), Rules 2017.

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Captioned Arb.OP is disposed of in the aforesaid manner. There shall be no order as to costs.

22.02.2022 Speaking/Non-speaking order Index : Yes / No gpa Note: Registry is directed to communicate a copy of this order forthwith to

1. Hon'ble Mr.Justice N.Authinathan (Retd.,) No.37, A-Block, Lakshmi Nivas, Marshalls Road, Egmore, Chennai -8, (Ph:29996122, Mob: 9445508822)

2. The Director Tamil Nadu Mediation Council Centre -cum- Ex-Officio Member Madras High Court, Arbitration Centre Chennai - 104 4/5

M.SUNDAR. J gpa Arb O.P.(Com. Div.)No.178 of 2021 22.02.2022 5/5