Mr.Vikram Dhamodaran v. The Kennel Club Of India And 10 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.8.2020 CORAM :
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Vikram Dhamodaran ... Applicant Vs.
1. The Kennel Club of India Rep. by its Chairman 2 S.Pathy Chairman
3. D.Krishnamurthy Vice Chairman, The Kennel Club of India.
4. C.V.Sudarsan Secretary & Treasurer The Kennel Club of India.
5. Sib Shankar Chatterjee Executive Committee Member, The Kennel Club of India.
6. S.R.Prusti Executive Committee Member, The Kennel Club of India.
7. T.Preetham Executive Committee Member, The Kennel Club of India.
8 S.Raman Executive Committee Member, The Kennel Club of India.
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9 Gauri Nargolkar Executive Committee Member, The Kennel Club of India.
10 Sanjit Kumar Hohanthy Executive Committee Member, The Kennel Club of India.
11 K.K.Trivedi Executive Committee Member, The Kennel Club of India.
(All the respondents are having office at Post Box No.6872, No.28 (Old No.89), AA Block, First Street, Anna Nagar, Chennai 600 040.
...Respondents
PRAYER : Original application filed under Order XIV Rule 8 of O.S. Rules r/w Order XXXIX Rules 1 & 2 of C.P.C. and Section 9 of the Arbitration and Conciliation Act, 1996 to grant an order of temporary injunction restraining the respondents, their men, agents or any other persons acting on their behalf from denying the applicant's privilege and right to register litter/puppies/dogs for various purposes provided by the first respondent.
For Applicant : Mr.M.S.Krishnamurthy Senior counsel for M/s.K.S.Karthik Raja For Respondents : Mr.R.Srinivas ******
O R D E R
Though elaborate submissions put forth by both sides, taking note of the principles laid down by the Hon'ble Supreme Court in TRF LIMITED VS. ENERGO ENGINEERING PROJECTS LTD. [(2017 (8) SCC 377 = 2017 SCC Online SC 692] 2/5
though bylaw indicates nomination of Arbitrator as per Bylaw, in order to see the neutrality, when the Court posed question to the counsel on either side for appointment of Arbitrator, the learned counsel appearing for both sides, have left to the discretion of the Court.
2. Such view of the matter, in order to resolve the dispute between the parties, this Court cannot gone into the question as to whether the membership of the applicant has to be suspended as per law and the same shall be decided only by the Arbitrator. The learned counsel appearing for both sides have consented before this Court for appointment of Mr.Yashod Vardan as Arbitrator.
3. Accordingly, Mr.Yashod Vardan, learned Senior Counsel is appointed as Arbitrator and the Reference is made to the Arbitrator to resolve the dispute between the parties as expeditiously as possible preferably within a period of six months from the date of receipt of copy of this order. Learned Arbitrator can fix the fee at his discretion and the same shall be paid by both parties.
4. In so far as O.A.No.1082 of 2019, though interim order sought for by the applicant, this Court is of the view that the applicant shall approach the Arbitrator for interim relief. With the above observation this application is closed. 3/5
28.8.2020 vaan N.SATHISH KUMAR, J.
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Dated: 28.8.2020 5/5