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Madras High CourtOP/415/2016allowed

Vascon Engineers Ltd., v. M/S.Akshaya Homes Pvt.Ltd.,

2016-08-05Honourable The Chief Justice4 pages

In the High Court of Judicature at Madras Dated : 05.08.2016 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.415 of 2016 M/s.Vascon Engineers Ltd., Through its authorised signatory, Mr.S.Dharmalingam.

.. Petitioner -vsM/s.Akshaya Homes Pvt. Ltd.

Rep. by its Managing Director Mr.T.Chittibabu.

.. Respondents Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint arbitrator or arbitrators to adjudicate the dispute between the applicant and the respondent arising out of the agreement dated 17.03.2011 pertaining to development of the project of the respondent namely January at Thaiyur B Village, Old Mahabalipuram Road, Kanchipuram District, Chennai.

For Petitioner : Mr.Adinayarana Rao For Respondents : Mr.Mani Sundar Gopal * * * * *

O R D E R

Learned counsel for the parties jointly agree that Mr.Justice F.M.Ibrahim Kalifulla, a retired Judge of the Supreme Court, be appointed as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties and that the arbitration proceedings take place under the aegis of the Madras High Court Arbitration Centre. 2.I, thus, appoint Mr.Justice F.M.Ibrahim Kalifulla, a retired Judge of the Supreme Court, 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.) 05.08.2016 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.

The Hon'ble Chief Justice (sra) O.P.No.415 of 2016 05.08.2016