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Madras High CourtArb O.P(COM.DIV.)/381/2025allowed

M/S.Subham Freight Carriers India Private Limited v. M/S.Somasunthram Niranjan Nanthagopan

2025-09-22Honourable Mr Justice N. Anand Venkatesh8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Arb O.P(COM.DIV.) No. 381 of 2025 M/s.SUBHAM FREIGHT CARRIERS INDIA PRIVATE LIMITED Represented by its Director Mr.Sundararaj Ponnusamy, Having its registered office at SF,391/ 3BI, 5A, 6A, 4A, Ezhichur, Kancheepuram, Shriperambudur Taluk, Tamil Nadu, India-631 605 Petitioner .Vs.

1. M/s.SOMASUNTHRAM NIRANJAN NANTHAGOPAN Aged 58 years,S/o.Sithamparanatha Chettiar Somasunthram A Sri Lankan National Holding NIC No.661O00716V Residing at No.25,Arethusa Lane, 0603 Maruthi Court,Colombo-00600, Wellawatte,Sri Lanka.

Also at. 109,Tampins Road,Fortune Park, 06-01 Singapore-535131.

2.M/s.INDSRI HOLDINGS PTE LTD., Rep by its Director, Mr.Somasundaram Niranjan Nanthagopan 3, Shenton Way, 07-04, Shenton House, Singapore-068805.

3.M/s.INDSRI FERRY SERVICES PRIVATE LIMITED Rep by its Director, 35, Subham Illam, Kumudham Salai, Annamalai Nagar Main Road, Trichy-620018.

4.M/s.SIVAGANGAI FERRY SERVICES PRIVATE LIMITED, Rep by its Director, 35, Subham Illam, Kumudham Salai, Annamalai Nagar Main Road, Trichy-620018.

Respondent(s) PRAYER Petition filed under Section 11(5) of the Arbitration and Conciliation Act, to appoint an arbitrator in accordance with clause 6.4 of the Memorandum of Understanding for Transfer of Shares dated 20.09.2024 to adjudicate upon the disputes that have arisen between the parties in relation to the said Agreement. For Petitioner(s):

Mr. Adarsh Ramanujan For Respondent(s):

No Appearance

ORDER

This petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 [hereinafter referred as 'the Act] for appointment of an Arbitrator to decide the disputes between the parties in accordance with Clause 6.4 of the Memorandum of Understanding for Transfer of Shares dated 20.09.2024.

2.When the matter came up for hearing on 09.07.2025, this Court passed the following order:

This petition has been filed under Section 11 of the Arbitration and Conciliation Act, seeking for appointment of an arbitrator by this Court.

2. There seems to be a dispute between the petitioner and the respondents, arising out of the Memorandum of Understanding dated 20.09.2024. In the said agreement, there exists an arbitration clause, which is extracted hereunder:

3. The petitioner has invoked arbitration in accordance with the arbitration clause by issuing notice to the respondents on 04.01.2025 to comply with the requirements of Section 21 of the Arbitration and Conciliation Act, 1996. No reply has been received for the same. Since the respondents have not agreed for arbitration, the petitioner has filed this petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking for appointment of an arbitrator by this Court.

4. Since there exists an arbitration clause in the contract, which is the subject matter of the dispute between the parties and since the petitioner has invoked arbitration in accordance with the arbitration clause by complying with the requirements of Section

21 of the Arbitration and Conciliation Act, 1996 and since there is no consensus between the parties with regard to the name of the arbitrator, this Court is issuing notice to the respondents, returnable by 14.08.2025. Private notice is also permitted. 3.The respondents have been issued with notice and their names have also been printed in the cause list. There is no representation either in person or through counsel.

4.Heard the learned counsel for the petitioner and carefully perused the materials available on record.

5.This Court is convinced that there is a valid agreement arising out of the Memorandum of Understanding dated 20.09.2024, between the parties in line with Section 7 of the Act and agreement also contains the arbitration Clause. 6.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, this Court proceeds to appoint a sole

Arbitrator. Accordingly, Mr.N.L.Rajah, Senior Advocate [(Office No.8, Fourth Street, Venkateswara Nagar, Adyar, Chennai 600020, Mobile No.9841013617) (Chambers: IV High Court Chambers, High Court, Chennai 600 104, Phone: 25342691)] is appointed as the sole Arbitrator and the Arbitrator is requested to enter upon reference qua the Memorandum of Understanding dated 26.12.2022, adjudicate the arbitral dispute that were arising 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 Arb. OP is disposed of in the above terms. There shall be no order as to costs.

22-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes KP

To 1.Mr.N.L.Rajah Senior Advocate [(Office No.8, Fourth Street Venkateswara Nagar, Adyar Chennai 600020.

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

N.ANAND VENKATESH J.

kp 22.09.2025 22-09-2025