Eminent Auto Parts Private Limited v. For India Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.12.2020

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Eminent Auto Parts Private Limited, Represented by its Director Mr.Ankur Jain, C-165, Basement, Mayapuri Industrial Area, Phase - 2, New Delhi - 110 064.

... applicant Vs.

FORD INDIA PRIVATE LIMITED S.P.Kovil Street, Chengalpattu - 603 204 ... respondent Prayer: Judges summons filed under Order XIV Rule 8 r/w Section 9 II (a) (d) of the Arbitration and Conciliation Act, 1996 to pass an order of interim stay of termination notice dated 1st October 2020 and other consequential actions instituted by the respondent. For Applicant :

Mr.Gowrav Chaterjee For Respondent :

Mr.V.V.Sivakumar 1/4

ORDER

The learned counsels have agreed for the arbitrator to be appointed to resolve the dispute between the two.

2. In the light of the above circumstances this Court is passing the following order:

i) Hon'ble Mrs. Justice S. Vimala (Retd.), No.3, River View Avenue, 4th Main Road, IPS Officer's Colony, Manapakkam, Chennai 600 125, Mob: 94447 10101, is appointed as an Arbitrator. ii) The arbitrator may, after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of entering reference. It is needless to state that the parties shall cooperate since it is at their request that the time for conclusion of the arbitral proceedings has been fixed for 6 months. It is open to the respondent to raise all legal objections as to the validity of contract. The applicant is directed to kept alive the bank guarantee till the disposal of the arbitral proceedings.

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iii) The arbitrator is at liberty to fix the remuneration and other incidental expenses as per law.

iv) The proceedings may be conducted under the aegis of the Madras High Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules.

3. The application is, accordingly, closed, leaving the parties to bear their own costs.

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