M/S.Spider Infotech v. M/S.Records And Data

In the High Court of Judicature at Madras Dated: 06.03.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice Original Petition No. 821 of 2012 M/s. Spider Infotech Consultancy Services, having Office at No.57/1 Sri Chakra Apartments 12th Avenue, Ashok Nagar Chennai 600 083.

.. Petitioner vs.

M/s. Records and Data Warehousing Private Limited rep. by its Director having Office at 1014, 10th Floor B Wing, 6/46, Mittal Tower MG Road, Bengaluru - 560 001.

.. Respondent --- 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 16.10.2008. --- For Petitioner :

Mr. N.R.R. Arun Natarajan For Respondent : Mr. Jayaraman for M/s. Jayaraman Associates ---

O R D E R

The Service Agreement dated 16.10.2008, in respect which disputes having arisen, contains Arbitration Clause No.10, which was invoked by the petitioner vide notice dated 29.03.2012, to which there was no response. No reply has been filed to the present petition.

2. Learned counsel for the respondent only has one reservation that the Arbitrator suggested by the petitioner may not be appointed and by consent before the Court any other Arbitrator may be appointed.

3. Learned counsel for the parties state that the amount of dispute not being large, an Advocate may be appointed as the Arbitrator.

4. In view of the above, with the consent of both parties, I appoint Thiru.P.V.Balasubramanian (Cell No.98410 41888), Advocate, IV High Court Chambers, High Court Buildings, Chennai 600104, 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.

5. The original petition accordingly stands allowed, leaving parties to bear their own costs.

[S.K.K., CJ] 06.03.2015.

THE HON'BLE THE CHIEF JUSTICE ATR O.P. No.821 of 2012 06.03.2015