Alok Kumar Gulechha v. Ms Homes Represented By G Sathish

Arb.O.P.No.51 of 2024 RMT.TEEKAA RAMAN, J.

This petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator to adjudicate upon and resolve the disputes inter-se between the petitioners and respondent under Memorandum of Understanding dated 04.01.2023.

2. The learned counsel appearing for the petitioners submitted that the private notice sent to the respondent has been returned as "ïnsufficient address". He would further submit that the earlier notice under Section 21 sent to the respondent has been received by him in the same address and he has also received another notice on 12.08.2023 in the very same address.

3. Taking into consideration the nature of dispute and the clause contained in the Memorandum of Understanding, I am inclined to allow this petition. Accordingly, Hon'ble Mr.Justice M.Govindaraj, Former Judge of Madras High Court is appointed as Arbitrator and His Lordship shall conduct the arbitration at Arbitration Centre, Madras High Court, Chennai. The remuneration of the Hon'ble Judge is left to discretion of Arbitrator and

His Lordship is entitled for travelling allowance on par with the High Court status.

4. Post the matter before the Arbitrator on 18.11.2024 after issuing notice to the parties.

17.10.2024 rgr

RMT.TEEKAA RAMAN, J.

rgr Arb.O.P.No.51 of 2024 17.10.2024