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Madras High CourtOP/636/2020ordered

M/S Oriental Cuisines Pvt Ltd, Rep.By Its Authorized Signatory Mr.Beno Willbor v. Sree Balaji Enterprises, Rep.By Its Proprietor S.Jitendra Gupta,

2021-06-21Honourable Mr Justice N. Sathish Kumar5 pages

THE HIGH COURT OF JUDICATURE AT MADRAS Dated 21.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR O.P.No. 636 of 2020 M/s.Oriental Cuisines Pvt.Ltd.

Rep. By its Authorized Signatory Mr.Beno Willbor New.No.2, Old.No.141, Mound Road Lane, Saidapet, Chennai 600 015 . . . Petitioner

Versus

Sree Balaji Enterprises, Rep. By its Proprietor S.Jitendra Gupta, No.456, Ground Floor, KHB Colony, Koramangala Vth Block, Bengaluru 560 034 . . . Respondent PRAYER : Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator to resolve the dispute between the petitioner and the respondent as per the Outlet Management Agreement dated 23.11.2016.

For Petitioner : Mr.B.Deepak Narayanan For Respondent : Mr.M.G.Pranava Charan Page No:1/5

ORDER

This original petition has been filed to appoint a Sole Arbitrator to resolve the dispute between the petitioner and the respondent as per the Outlet Management Agreement dated 23.11.2016.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3.As dispute arose in the Outlet Management Agreement dated 23.11.2016 entered between the parties, this petition has been filed for appointment of a Sole Arbitrator. The parties are governed by the Outlet Management Agreement entered between the parties and Clause 9 of the Outlet Management Agreement provides for reference to the Arbitrator.

4. Considering the fact that there is an arbitration clause in the Outlet Management Agreement, this petition is ordered as follows: i) that Mr.Sharath Chandran, Advocate residing at No.3, Gopal Menon Street, Vepery, Page No:2/5

Chennai 600 007. Mobile No.09884445442 is appointed as a Sole Arbitrator to enter upon reference and adjudicate the matter.

ii] That the learned Arbitrator appointed herein, shall 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 receipt of the Order.

iii] That the learned Sole Arbitrator appointed herein shall be paid fees and incidental charges fixed by him and the same shall be borne by the parties equally.

6. This Original Petition is ordered accordingly, leaving the parties to bear their own costs.

21.06.2021 Index : Yes / No Internet: Yes Speaking/non speaking order msv Page No:3/5

To Mr.Sharath Chandran, Advocate No.3, Gopal Menon Street, Vepery, Chennai 600 007.

Mobile No.09884445442 Page No:4/5

N. SATHISH KUMAR, J.

msv O.P.No. 636 of 2020 21.06.2021 Page No:5/5