Mrs.P.Satya v. A.K.R.Vetriazhagan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.11.2016 C O R A M The Hon'ble Mr. SANJAY KISHAN KAUL, Chief Justice Original Petition No.558 of 2016 1.P.Satya 2.Minor V.Jai Adiya 3.Minor V.Rohan Rajendran 4.Minor V.Harin Jayan Petitioners 2 to 4 represented by their Mother and natural guardian Mrs.P.Satya presently residing at No.51/5A, Thilagavathy Illam, South Railway Line, Kumarasamypet, Dharmapuri.

.. Petitioner versus

1. A.K.R.Vetriazhagan

2. R.Vedanayaki .. Respondents Prayer : Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, for appointment of a Sole Arbitrtor to enter upon reference and resolve the disputes between the parties arising out of the Partnership Deed dated 06.06.2011. For Petitioner : Mr.S.Ramesh For Respondents : Mr.Suhrith Parthasarathy

O R D E R

On hearing the learned counsel for the parties, it is agreed that initially an endeavour may be made to resolve the disputes through Mediation, failing which the matter may be referred to Artbitration of a Sole Arbitrator.

2. In view of the aforesaid, the following directions are issued: i) The parties will appear before the Madras High Court Mediation Centre on 28.01.2017 at 2.15 p.m and the Mediator will endevour to conclude the Mediation proceedings within a period of two months from the said date or an extended period, as may be granted by the Court.

ii) In case disputes are resolved through Mediation, that would be the end of the matter, but in case of the Mediation process not being succesful, the disputes shall stand referred to the Sole Arbitration of Mr.Justice F.M.Ibrahim Kalifulla, a retired Judge of the Hon'ble Supreme Court.

Iii) The Arbitration proceedings will naturally commence only on the failure of Mediation. The Arbitration proceedings will be governed by the Rules of the Madras High Court Arbitration Centre.

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

(S.K.K., CJ.) Index:yes/no 11.11.2016 ksr

The Hon'ble The Chief Justice (ksr) O.P. No.558 of 2016 11.11.2016 http://www.judis.nic.in