M/S Baettr India Private Limited, v. Mr.E.Ramesh Babu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH M/s Baettr India Private Limited Represented by its Authorised Signatory, Mr. Srikanth Kotha Plot No.A-3/1, SIPCOTs Industrial Park, Gummidipoondi, Thervoy Kandigai, Thiruvallur - 601 202.

Petitioner Vs

1. Mr.E.Ramesh Babu, S/o.Late G.Ethirajulu, Vettri Nagar, Jawahar Nagar, Chennai-600082.

2.Mrs.D.Mythili W/o. Mr.E.Ramesh Babu Vettri Nagar, Jawahar Nagar Chennai - 600 082 Respondents PRAYER To appoint an Arbitrator to adjudicate the disputes that have arisen between the Petitioner and the Respondents under the Lease Agreement dated 23.03.2023.

For Petitioner :

Mr.Varoon R For Respondents :

No appearance

ORDER

This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for brevity, hereinafter referred to as "the Act") for appointment of Arbitrator to adjudicate upon the disputes that have arisen between the petitioner and the respondents under the lease agreement dated 23.03.2023.

2. The respondents are the absolute owners of the subject property, which was leased out in favour of the petitioner through a lease agreement dated 23.03.2023 for a period of 11 months commencing from 23.03.2023 till 22.02.2024. As per the terms of the agreement, the petitioner was liable to pay a sum of Rs.50,000/- towards rent and a further sum of Rs.35,000/- towards amenities/maintenance charges. The petitioner also deposited a sum of Rs.8,00,000/- as refundable security deposit to the respondents as per the lease agreement.

3. The petitioner vacated the premises on 29.04.2024 and handed over vacant possession of the property to the respondents. According to the petitioner, the rent for the month of April, 2024 was due and payable and after deduction of the said rent, the respondents are liable to refund the security

deposit of Rs.7,20,700/-.

4. The petitioner issued several reminders to the respondents including the legal notice dated 22.01.2025 seeking for refund of the security deposit. Since the same was not acted upon, the petitioner issued the trigger notice dated 11.04.2025 to the respondents under Section 21 of the Act for appointment of Arbitrator, in line with clause X of the lease agreement dated 23.03.2023. Since the same was not acted upon, the present petition has been filed before this Court.

5. The respondents were served with notice and their names have also been printed in the cause list. There is no representation either in person or through counsel.

6. Taking into consideration the facts and circumstances of the case and considering the binding agreement between the parties, which contains an arbitration clause and also taking note of the fact that the trigger notice has been issued by the petitioner to the respondents, this Court appoints Ms.Aparajitha Vishwanath, Advocate, having address for service at No.15/6, Deivasigamani Street, Royapettah, Chennai 600 014 (Mob: 96771 97190) (Email: aparajitha@jenasenan.com) as the sole Arbitrator and the learned Arbitrator is requested to enter upon reference qua the lease agreement dated 23.03.2023, adjudicate the arbitral disputes that have arisen between the parties by holding

the sittings in any venue in Chennai to the convenience of all concerned and render an award. Fees of the sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC)(Administrative Cost and Arbitrator's Fees) Rules 2017.

7. This original petition is disposed of in the above terms. 15-09-2025 Registry is directed to communicate the copy of order forthwith ss To

1. The Director Tamil Nadu Mediation and Conciliation Centre-cum-Ex-Officio Member Madras High Court Arbitration Centre Chennai 600 104

2. Ms.Aparajitha Vishwanath Advocate No.15/6, Deivasigamani Street Royapettah Chennai 600 014

3. Mr.E.Ramesh Babu, S/o.Late G.Ethirajulu,

Vettri Nagar, Jawahar Nagar, Chennai 600 082

4. Mrs.D.Mythili W/o.Mr.E.Ramesh Babu, Vettri Nagar, Jawahar Nagar, Chennai 600 082

N.ANAND VENKATESH J.

ss 15-09-2025