M/S.Ps Srijan Developers Llp v. Mrs.E.S.M.Ahmed Mariyam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19..08..2016 C O R A M The Hon'ble Mr. SANJAY KISHAN KAUL, Chief Justice Original Petition Nos.416 of 2016 M/s.PS Srijan Developers LLP (formerly known as M/s.PS Srijan Developers) represented by its Authorised Signatory, Mr.Praful Kumar Nahata, No.36/1, Elgin Road, Kolkata 700002.

.. Petitioner versus 1.Mrs.E.S.M.Ahmed Mariyam 2.Mrs.S.M.Saraumma 3.Mrs.S.M.K.Hiriya 4.Mr.S.M.K.Sadak Jaffer 5.Ms.S.M.H.Sharmila 6.Mr.S.M.K.Hamid Ali 7.Mrs.S.M.L.Samana 8.Mr.S.M.K.Hussain Abdul Cader, 9.Mr.S.M.A.J.Habeeb Mohammed Sadakathullah 10.Mr.S.M.A.J.Abdul Haleem 11.Mrs.S.M.A.J.Ammath Nazeera 12.Mrs.S.M.A.J.Vajeetha 13.Mrs.S.M.Habibathul Alima 14.Mr.S.M.Y.Aslam Hussain, 15.Mrs.S.M.Y.Fathima 16.Mrs.S.M.Y.Mohamed Sathak 17.Mr.S.M.Mohamed Abdul Cader .. Respondents - - - - -

Prayer : Petitions filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator to resolve the disputes between the parties in terms of the Joint Development Agreement dated 14.02.2007.

- - - - - For Petitioner : Mr.Abdul Hameed For Respondent : Mr.A.Sirajudeen Senior Advocate for A.Shaik Pareeth - - - - -

O R D E R

Learned counsel for the parties have not been able to resolve the disputes, as the parties are not agreeable.

2. In view of the aforesaid, it is proposed that Justice K.P.Sivasubramanian, a retired Judge of this Court, be appointed as the sole Arbitrator to enter upon reference and adjudicate the disputes between the parties.

3. I hereby appoint Justice K.P.Sivasubramanian, a retired Judge of this Court, as the sole Arbitrator to resolve the disputes between the parties. The arbitration proceedings will be conducted under the ageis of the Madras High Court Arbitration Centre and the parties will be

governed by the Rules of the Centre. It is open to the parties to raise their claim and counter claim before the Arbitrator.

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

(S.K.K., CJ.) 19th August, 2016 ksr

The Hon'ble the Chief Justice (ksr) O.P. No.416 of 2016 19..08..2016