P.Venkataraman v. M/S.Green Tree Homes And

In the High Court of Judicature at Madras Dated : 01.07.2016 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.440 of 2016 P.Venkataraman .. Petitioner -vs1.M/s.Green Tree Homes and Ventures Private Limited, New No.13, Sriman Srinivasan Road, Alwarpet, Chennai-600 018.

2.P.Ravichandran 3.E.Dinesh 4.S.Sathyamoorthy .. Respondents Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, to appoint a sole Arbitrator to adjudicate the disputes between the parties, arising under the Agreement dated 30.9.2013. For Petitioner : Mr.M.Swaminathan * * * * *

O R D E R

A perusal of the operative paragraph No.8 of the notice dated 26.03.2016 shows that there is only a threat of initiation of criminal and civil proceedings including the arbitration proceedings. But strictly speaking the arbitration clause has not been invoked by proposing any Arbitrator. Thus, the learned counsel for the petitioner seeks to withdraw the petition to

formally invoke the arbitration clause and in case, there is no agreement over the Arbitrator, to approach this Court by filing a fresh petition. Endorsement has been made.

2. Liberty is granted.

3. The Original Petition is dismissed as withdrawn in terms aforesaid. No costs.

(S.K.K., CJ.) 01.07.2016 bbr

The Hon'ble Chief Justice bbr O.P.No.440 of 2016 01.07.2016