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Madras High CourtArb O.P(COM.DIV.)/470/2022allowed

Nec Corporation India Private Limited v. Bharathi Renganathan

2022-11-10Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2022

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Nec Corporation India Private Limited (formerly known as NEC Technologies India Private Limited) represented by its Authorized Signatory Mr.Amar Kumar Sundram, having its registered office at A-31, First Floor, Lajpat Nagar, Part II New Delhi 110024, India and its corporate office at Unit No.C-1901, 19th Floor, Tower C Advant Navis Business Park, Plot No.7 Sector 142, Noida, Uttar Pradesh 201305, India. ... Petitioner vs.

Bharathi Renganathan ... Respondent PRAYER: Arbitration Original Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, pleased to allow the present petition and appoint either of the petitioner's nominee arbitrators as sole arbitrator for the purpose of constitution of the arbitral tribunal to adjudicate the dispute that has arisen between the petitioner and the respondent under the 1/4

Lease Deed.

For Petitioner : Mr.Vinod Kumar For Respondent : Ms.S.P.Arthi **********

ORDER

The petitioner seeks the constitution of an arbitral tribunal to resolve the disputes arising between the parties under the Lease Deed dated 26.09.2018.

2. In support of this petition, the petitioner cites clause 13 of the lease deed, which provides for resolution of disputes by arbitration in Chennai. The lease deed was terminated on 16.08.2021 and the Section 21 notice was issued on 10.05.2022. The said notice was replied to by the respondent on 06.06.2022.

3. In response to this petition, on instructions, learned counsel for the 2/4

respondent states that she has no objection to the constitution of the arbitral tribunal by this Court.

4. In the above facts and circumstances, the petition is liable to be allowed. Accordingly, Arb.O.P.(Comm.Div.) No.470 of 2022 is allowed by appointing Mr.Arun Karthik Mohan, Advocate, New No.161/1, Kanakashree Apartments, 1st Floor, V.M.Street, Jagadambal Colony, 2nd Street, Royapettah, Chennai 600 014 (Mobile No.8754463801), as the sole arbitrator. The sole arbitrator is called upon to enter upon reference and adjudicate the dispute. The fees and expenses in relation to the arbitral proceedings may be fixed by the arbitral tribunal in consultation with the parties.

10.11.2022 rna Index : Yes / No Internet : Yes / No 3/4

SENTHILKUMAR RAMAMOORTHY,J rna 10.11.2022 4/4