Mr.P.Sivaramakrishnan v. M/S.Kotak Mahindra Prime Ltd., Rep.By Its Authorized Signatory, P.Balaji,
KRISHNAN RAMASAMY, J.
Today, this matter is listed under the caption "For Orders".
2. At the time of pronouncement of orders, the learned counsel for the petitioner would submit that a neutral Arbitrator may be appointed by this Court to adjudicate the disputes between the petitioners and the respondent. The learned counsel appearing for the respondent had also agreed for the neutral appointment of the Arbitrator.
3. In view of the above, this Court this Court is inclined to appoint a neutral Arbitrator. Accordingly, this Court feels it appropriate to pass the following order:
i) The Hon'ble Mr.Justice M.Govindaraj, Former Judge, Madras High Court, residing at No.4/225, Sri Kapaleeswarar South 2nd Street, Neelangarai, Chennai -41 and (Contact No.9444094403), is appointed as sole arbitrator to enter upon reference and adjudicate the disputes inter se the parties.
Page No.1/4
ii) The learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the Order. The learned Arbitrator is also directed to decide the matter without influenced by any of the observations made by this Court in the present order. iii) The learned Arbitrator is requested to conduct arbitration proceedings in accordance with the Madras High Court Arbitration Proceedings Rules, 2017 and the fee of the learned Arbitrator shall be fixed in accordance with Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees), Rules 2017. iv) In the event of non-appearance of the respondent/s herein, the petitioner herein shall bear the entire remuneration and other expenses and thereafter, the petitioner can recover the same directly from the respondent/s herein.
v) Since this Court has appointed an Arbitrator, it is open to the petitioner/s as well as the respondent herein to seek other reliefs under the provisions of Arbitration and Conciliation Act 1996 before the learned Page No.2/4
Arbitrator.
24.04.2023 nsa Page No.3/4
KRISHNAN RAMASAMY, J.
nsa 24.04.2023 Page No.4/4