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Madras High CourtA/2536/2025disposed of

Flavorite Technologies Private Limited v. Raman Dhoot

2025-09-25Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2025

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH A.No.2536 of 2025 AND A.No.4346 of 2025 in A.No.2332 of 2025 1.Flavorite Technologies Private Limited (Formerly known as Flavorite PPM Technologies Private Limited) Having CIN U15495MP1997PTC012211 Having its registered office at Khasra No.50/1 Patwari Halka No.28, Village Tillore Khurd Indore, Madhya Pradesh, India 452 020 2.Heat and Control (South Asia) Private Limited Having CIN U29253TN2004PTC052353 Having its registered office at Mahindra World City, 8th Avenue 1st Cross Road, Anjur And Echankaranai Village Chengalpattu Taluk Kancheepuram, Tamil Nadu, India 603 002 .. Applicants in A.No.2536 of 2025/ Respondents in A.No.4346 of 2025 Vs.

1.Mr.Raman Dhoot Mrs.Renu Dhoot (deceased) 2.Mr.Raghav Dhoot legal representative of late Renu Dhoot 3.Ms.Radhika Dhoot legal representative of late Renu Dhoot .. Respondents in A.No.2536 of 2025 Applicants in A.No.4346 of 2025 1/5

A.No.2536 of 2025 : Application filed under Order XIV Rule 8 of the Original Side Rules read with Section 29A(3) of the Arbitration and Conciliation Act, 1996, to extend the mandate of the Hon'ble sole Arbitrator in the dispute between the applicants and the respondents by at least a period of six months. A.No.4346 of 2025 : Application filed under Order XIV Rule 8 of the Original Side Rules read with Section 29A(6) of the Arbitration and Conciliation Act, 1996, to substitute arbitrator to continue the proceedings from the present stage, on the basis of evidence and materials already on record, ensuring compliance with Section 29A(6).

For Applicants in A.No.2536 of 2025/ Respondents in A.No.4346 of 2025 : Mr.S.Aravindan for M/s.Fox Mandal & Associates For Respondents in A.No.2536 of 2025/ Applicants in A.No.4346 of 2025 : Mr.Manoj Munshi Senior Counsel for Mr.Jaishankar Ramakrishnan C O M M O N O R D E R A.No.2536 of 2025 has been filed under Section 29A of the Arbitration and Conciliation Act, 1996, (for brevity, hereinafter referred to as "the Act") for extension of the mandate of the sole Arbitrator. A.No.4346 of 2025 has been filed under Section 29A(6) of the Act, for substitution of the Arbitrator to continue the proceedings from the present stage.

2. Heard both sides and perused the materials placed on record.

3. The dispute was referred to the learned Arbitrator in the year 2021 and till 2/5

date, except for some effective hearings of the interlocutory applications that have been filed, the main dispute has not even reached the stage of framing of issues. Even though various grounds have been raised in the affidavit filed in support of the application in A.No.4346 of 2025, the learned Senior Counsel appearing on behalf of the applicants fairly submitted that he would not want to harp upon those grounds and he leaves it to this Court to substitute the sole Arbitrator in order to ensure that the proceedings are completed at the earliest.

4. The learned counsel for the respondents had certain serious objections on the grounds that were raised in the affidavit filed in support of the application. However, he also submitted that he leaves it to this Court to take a decision, without going into those allegations that were made in the affidavit filed in support of the application.

5. Considering the submissions made on either side and also taking note of the fact that the proceedings are pending from the year 2021 onwards and without going into the allegations/averments made in the affidavit filed in support of the application, this Court is inclined to substitute the sole Arbitrator in exercise of powers under Section 29A(6) of the Act.

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6. In view of the above, since the matter involves appointment of an institutional Arbitrator, this Court is inclined to substitute the present Arbitrator and accordingly, Hon'ble Mr.Justice K.Venkataraman, Former Judge of Madras High Court, Mobile No. 77088 95435, residing at L-Block, No.125, East Anna Nagar, Chennai 102, is appointed as new Arbitrator to continue the proceedings from the present stage.

7. In view of the above order passed in A.No.4346 of 2025, this Court has to necessarily extend the mandate for the completion of the proceedings as sought in A.No.2536 of 2025. Accordingly, the mandate is extended for a period of six months for the conclusion of the arbitration proceedings and a further period of three months for passing of the final award, from today. These applications are disposed of in the above terms. 25.09.2025 gya (1/2) N. ANAND VENKATESH, J.

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A.No.2536 of 2025 AND A.No.4346 of 2025 in A.No.2332 of 2025 25.09.2025 (1/2) 5/5