Mr.Ramachandran Subramanian v. M/S.Dlf Southern Homes

In the High Court of Judicature at Madras Dated : 15.07.2016 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.345 of 2016 1.Ramachandran Subramanian 2.Gomathi Mahadevan .. Petitioners -vsM/s.DLF Southern Homes Private Limited, New No.268, Poonamallee High Road, Kilpauk, Chennai 600 010.

.. Respondent Petition filed under Section 11 (6) (a) of the Arbitration and Conciliation Act, 1996, to appoint a Sole Arbitrator to adjudicate upon the differences and disputes between the parties hereto as per the Apartment Buyers Agreement dated 24.08.2009.

For Petitioners : Mr.K.Palaniandavan For Respondent : Mr.V.Kalayana Raman * * * * *

O R D E R

Learned counsel for parties state that the existence of disputes, there being an arbitration clause inter se the parties and the jurisdiction of this Court are not in issue, but before taking recourse to arbitration, the parties would desire to first make an endeavour for settlement of the disputes through mediation.

2.The following agreed order is, thus, passed:

1. The parties will appear before the Tamil Nadu Mediation and Conciliation Centre, Madras High Court Campus, on 22.07.2016 at 2.15 p.m. The Mediator will endeavour to conclude the proceedings within a period of two (2) months from that date or any extended period as may be granted by this Court.

2. If the disputes are settled, well and good. If not, the disputes will be resolved through arbitration which would commence only after the period of mediation is over.

3. As proposed and agreed, I appoint Dr.C.Ravichandran,

Advocate, having office at No.447, Additional Law Chambers, Madras High Court Campus, Chennai, Mob. No.:98400 46119, as the Sole Arbitrator to enter upon the reference and adjudicate the disputes inter se the parties. As requested, the arbitration proceedings will be conducted under the aegis of the Madras High Court Arbitration Centre and the parties will be governed by the Rules of the Centre.

3.The original petition is, accordingly, allowed, leaving the parties to bear their own costs.

(S.K.K., CJ.) 15.07.2016 sra Note: Mark a copy to (i) The Addl. Registrar-Vigilance Madras High Court Arbitration Centre, Madras High Court Campus, Chennai.

(ii)The Arbitrator, as referred above.

(iii)The Assistant Registrar, Tamil Nadu Mediation and Conciliation Centre, Madras High Court, Campus, Chennai.

The Hon'ble Chief Justice (sra) O.P.No.345 of 2016 15.07.2016