M/S. Alayam Welfare Trust v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Arb.O.P.(Comm.Div.) No.256 of 2024 M/s.Alayam Welfare Trust, Rep. by its Authorized Trustee, H.Karthik, 117-B, Periyar Nagar, Puliyakulam, Coimbatore- 641045.

...Petitioner

-vsThe Commissioner, Coimbatore City Municipality, Big Bazaar Street, Town Hall, Coimbatore- 641001.

...Respondent

PRAYER: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator to adjudicate upon the disputes arisen between the Petitioner and Respondent under the Lease Agreement dated 01.02.2019.

For Petitioner : Mr.S.Senthil For Respondent : Mr. K.M.D.Muhilan (Undertakes to file Vakalath)

O R D E R

This Arbitration Original Petition has been filed under Section 11(6) of the

Arbitration and Conciliation Act, 1996 (hereinafter called as 'the Act') to appoint an Arbitrator in respect of the dispute that has arisen out of the Lease Agreement dated 01.02.2019 that had been entered upon between the petitioners and the respondents.

2. When the matter taken up for hearing, both the learned counsels appearing on either side have consented for appointment of a Sole Arbitrator by this Court and they have requested this Court to appoint retired Distirct Judge of Coimbatore District as Arbitrator. In such circumstances, this Court appoints Mr.J.V.Raj, Former District Judge, residing at No.46, Sathya Nagar, Near Reeds School, Mylampatti, Coimbatore- 641062, Mobile No.9445436345 as Sole Arbitrator to enter upon the dispute between the petitioner and the respondent.

3. 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, however, not later than six(6) months from the date of his entering into reference. 4.Accordingly, this Arbitration Original Petition is ordered. 21.08.2024 Index :Yes/No

Speaking order/Non-speaking order Gba K.KUMARESH BABU, J.

Gba Arb.O.P. (Com.Div.) No.256 of 2024 21.08.2024