Mr. E.Pongiannangounder v. M/ S Chennai Network Infrastructure Limited Presently Merged With Gtl Infrastructure Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU E.Pongiannan Gounder

...Petitioner

-vsM/s.Chennai Network Infrastructure Limited Presently merged with GTL Infrastructure Limited Head office at 412, Janmabhoomi Chambers 29, Walchand Hirachand Marg Ballard Estate, Mumbai-400001 Maharastra, India.

Branch office at Old No. 186, New No.232 City Centre, 3rd Floor Pursawalkam High Road Chennai-600010, Tamil Nadu,India.

... Respondent PRAYER: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitral Tribunal to resolve the disputes between the parties, under the Lease Deed dated 27.12.2016 entered into by the parties, in accordance with the Arbitration

and Conciliation Act, 1996. Pass an order imposing costs of these proceedings on the respondent and pass any further or other orders as may be just and necessary in the circumstances of the case. For Petitioner :

Mr.G.Manoj For Respondent :

Mr.C.Sakthimanikandan

O R D E R

This Arbitration Original Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitral Tribunal to resolve the disputes between the parties, under the Lease Deed dated 27.12.2016 entered into by the parties, in accordance with the Arbitration and Conciliation Act, 1996 and pass an order imposing costs of these proceedings on the respondent.

2.

Heard Mr.G.Manoj, learned counsel for the petitioner and Mr.C.Sakthimanikandan, learned counsel for the respondent. 3.

The learned counsel for the respondent would submit that he has no objection for appointment of an Arbitrator but however he would seek

liberty of this Court to raise the issue relating to the stamping of the document. Both the learned counsels also have consented for appointment of a Sole Arbitrator by this Court and they have requested this Court to appoint a Retired District Judge of Erode as Arbitrator. In such circumstances, this Court appoints Mr.S.Sengottaiyan, Retired District Judge, (Mobile No. 9842741166) residing at No.5, Vivekanandhar Street, Vettu Kattu Valasu, Near Erode North Police Station, Nasiyanoor Road, as Sole Arbitrator to enter upon the dispute between the petitioner and the respondent.

4.

The learned Sole Arbitrator is entitled to fix his fees as per the schedule-IV to the Act. This Court further requests the learned Sole Arbitrator to endeavour to decide the dispute as expeditiously as possible, however, not later than six(6) months from the date of his entering into reference.

5.

Accordingly, this Arbitration Original Petition is ordered. 19.09.2024

Index :Yes/No Maya K.KUMARESH BABU, J.

Maya 19.09.2024