Arkitya v. Vipa Enterprises Llp

O.A.Nos.541 and 542 of 2025 Arkitya ... Applicant Vs.

M/s.VIPA Enterprises LLP and Others ... Respondents ABDUL QUDDHOSE.J., Both the counsels, on instructions, have made a joint endorsement in the Court bundle, stating that the parties have given their consent for the appointment of a sole arbitrator by this Court to adjudicate the dispute between the parties, arising out of the undated development agreement dated September, 2023. Both the counsels have also made an oral submission that the Section 9 applications pending before this Court viz.,O.A.Nos.541 and 542 of 2025 may be treated as applications under Section 17 of the Arbitration and Conciliation Act, 1996 by the arbitrator.

2. In view of the joint endorsement made by both the counsels, this Court will have to necessarily appoint a sole arbitrator to adjudicate the dispute between the parties arising out of the development agreement dated September, 2023 entered into between the applicant and the respondents. 1/4

3. Accordingly, these applications are disposed of by issuing the following directions:

(a) Hon'ble Mr. Justice K. Ravichandrabaabu, Former Judge, Madras High Court who is having address at No.1D, Cresent Castle, 13/6, II Cresent, Park Road, Gandhi Nagar, Adyar, Chennai - 600 020 (Mobile No.94980 33336) is appointed as the sole Arbitrator to decide the dispute between the applicant and the respondents arising out of the development agreement dated September, 2023;

(b) The Arbitrator shall be paid a remuneration / fees in accordance with the 4th schedule of the Arbitration and Conciliation Act, 1996 or as per the mutual consent of both the parties;

(c) Both the parties shall equally share the arbitrator's fees; (d) The Arbitrator shall conduct the arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act.

4. O.A.Nos.541 and 542 of 2025 filed under Section 9 of the Arbitration and Conciliation Act, 1996 shall be treated as applications filed under Section 17 of the Arbitration and Conciliation Act, 1996 and the 2/4

pleadings filed in the aforesaid applications shall be treated as pleadings filed before the arbitrator and the arbitrator shall decide the application as per the provisions of Section 17 of the Arbitration and Conciliation Act, 1996.

10.07.2025 ab 3/4

ABDUL QUDDHOSE.J., ab O.A.Nos.541 and 542 of 2025 10.07.2025 4/4