M/S. Ama Hype Traders Private Limited v. Mr.D. Durai,Proprietor
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2025
CORAM
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH M/s.AMA Hype Traders Private Limited Having its Registered Office at Flat-A, "Sonex Haven"
R22/2, East Main Road Anna Nagar West Extension Chennai - 600 101 By its Managing Director Mr.Joseph Jude AnanthKagoo .... Petitioner Vs D.Durai, Proprietor M/s.World Trade Fashion Having Offe at 3/132-C Near Revathi Theatre, Sathya Colony Mannarai, Tiruppur Pin - 641 607.
..... Respondent Prayer : Application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to (a) appoint an Arbitrator to adjudicate the disputes between the petitioner and the respondent in terms of the arbitration agreement dated 21.01.2021; (b) direct the respondent to pay costs; and (c ) grant such further reliefs as this Court may deem fit under the circumstances of the case.
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For Petitioner : Mr.S.Suresh For Respondent : Ms.S.Deepika
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 an Arbitrator to adjudicate the disputes between the petitioner and the respondent.
2. When the matter came up for hearing on 03.09.2025, this Court passed the following order:
"This arbitration original petition has been filed under Section 11 of the Arbitration and Conciliation Act for appointment of an Arbitrator to adjudicate the dispute between the petitioner and the respondents.
2. This Court heard the learned counsel for petitioner and perused the materials available on record. The relevant clause in the Memorandum of Understanding dated 04.01.2021 is extracted hereunder:= "9) In case of any dispute or differences between the parties in connection with any matter 2/6
relating to this MOU & F.A, the same shall be referred to arbitration by a Sole Arbitrator appointed by the mutual consent of both the parties herein referred. The decision of the sole arbitrator shall be final and binding on the parties."
3. It is also seen from records that the trigger notice under Section 21 of the Act was issued by the petitioner on 07.03.2025. The same was received by the respondent and a reply dated 20.03.2025 was given.
4. Hence, issue notice to the respondent returnable by 06.10.2025. Private notice is also permitted. Post on 06.10.2025"
3. After notice was served on the respondent, the matter was listed for final hearing. Counter affidavit has been filed by the respondent.
4. The respondent has refuted the entire claim made by the petitioner. The respondent has also taken a stand that the arbitration agreement does not contemplate the seat of arbitration. That apart, 138 proceedings are also pending between the parties.
5. Heard Mr.S.Suresh, learned counsel appearing for the petitioner and 3/6
Ms.S.Deepika, learned counsel appearing for the respondent.
6. The objections that have been raised on the side of the respondent touches the merit of the case and the same cannot be gone into in the petition filed under Section 11 of the Act. It has to be necessarily raised before the Arbitrator, which will be considered by the learned Arbitrator on its own merits and in accordance with law.
7. Considering the fact that there is a valid agreement between the parties in line with Section 7 of the Act, which contains an arbitration clause, this Court is inclined to appoint an arbitrator.
8. In view of the above, Mr.Nissar Ahmed, Senior Advocate, having Chambers at No.298, New Additional Law Chambers, High Court Buildings, Chennai-600104. Ph.No.93810-34671, Email ID:nisszrsenioradvocate@gmail.com is appointed as sole Arbitrator and the Arbitrator is requested to 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 4/6
2017.
9. This Arb. OP is disposed of in the above terms. There shall be no order as to costs.
27-10-2025 ds 5/6
N. ANAND VENKATESH., J ds 27.10.2025 6/6