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Madras High CourtOP/839/2016allowed

K.Narayanan v. M/S.Evp Housing Chennai

2016-12-15Honourable The Chief Justice4 pages

In the High Court of Judicature at Madras Dated : 15.12.2016 Coram :

The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.839 of 2016 K.Narayanan, rep. by his power agent Mr.A.L.Karuppan Chetty .. Petitioner -vsM/s.EVP Housing Chennai Pvt Ltd., Registered Office at No.23, Sir Thiyagaraya Road, Pondi Bazaar, T.Nagar, Chennai-600 017.

.. Respondent Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint an arbitrator in the matter of dispute between the petitioner and respondent in the matter of Agreement for Sale of Land, Development and Construction executed on 21.11.2006.

For Petitioner : Mr.B.Ravi Raja For Respondent : Mr.S.Mohanasundararajan * * * * *

O R D E R

The learned counsel for parties state that in the connected matter O.P.No.457 of 2016 (1.G.Mohan Kumar 2.M.Sumathi v.

M/s.EVP Housing Chennai Pvt Ltd., Registered Office at No.23, Sir Thiyagaraya Road, Pondi Bazaar, T.Nagar, Chennai-600 017) decided on 05.08.2016, the following order was passed:- "That the parties shall first endeavour to resolve the disputes through mediation, for which mediation process is already on before Mrs. Uma Ramanathan, Advocate, the mediation process be concluded within two (2) months or any extended period as shall be granted by this Court.

2.That in case, for any reason, the mediation process is not successful, the parties agree to go to arbitration governed by the Madras High Court Arbitration Centre and the Rules framed thereunder.

3.That Mr.P.H.Arvind Pandian, Senior Advocate is agreed to be the Sole Arbitrator in such eventuality, and the arbitration shall naturally commence only if the mediation process does not succeed.

4.That the arbitration shall be in a

joint arbitration, by consent of the parties. 5.That the parties hereto shall bear their own costs."

2. It is prayed that this petition be disposed of in the same terms.

3. Ordered accordingly. No costs.

(S.K.K., CJ.) 15.12.2016 bbr

The Hon'ble Chief Justice bbr O.P.No.811 of 2016 15.12.2016 http://www.judis.nic.in