M/S.Health And Glow Pvt. Ltd. v. Gautam N. Mahbubani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.12.2019 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR M/s.Health and Glow Pvt. Ltd., (formerly known as M/s.Foodworld Supermarkets (P) Ltd., Rep. By its Sr.Manager - Legal 32/5, 2nd Floor, Ganga Towers NGR Layout, Roopena Agrahara Bommanahalli, Hosur Main Road Bangalore - 560 068 ... Petitioner vs.

1. Gautam N Mahbubani

2. N.K.Mahbubani ... Respondents Original Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, to appoint Arbitrator under Section 11 (5) of the Arbitration and Conciliation Act, 1996 on behalf of the petitioner in order to resolve the disputes that have arisen between the petitioner and respondent associations.

For Petitioner :

Mr.S.Mahesh Kumar For Respondents :

Ms.Suganya Maya for Ms.Pitty Parthasarathy 1/4

ORDER

Mr.S.Mahesh Kumar, learned counsel on record for petitioner and Ms.Suganya Maya, learned counsel representing Mr.Pitty Parthasarathy, counsel on record for respondents, are before this Court.

2. Instant 'Original Petition' ('OP' for brevity) has been filed under Section 11 of 'The Arbitration and Conciliation Act, 1996' (hereinafter 'A & C Act' for the sake of brevity) with a prayer for appointment of an Arbitrator.

3. Disposal of instant OP has become fairly simple in the light of consensus that has been arrived at between the petitioner and respondents.

4. Learned counsel for petitioner and respondents submit that there is no disputation or contestation regarding the existence of arbitration agreement between the parties qua an agreement dated 15.12.2017. Both the learned counsel also agree that a learned member of this Bar may please be appointed as sole arbitrator.

5. This Court appoints Mr.P.Giridharan, Advocate, having office at 3rd Floor, Vanguard House, No.48, Second Line Beach, Parrys, Chennai-600 001 (Mob No.98846 72733) as sole Arbitrator. Sole Arbitrator is requested to 2/4

enter upon reference and adjudicate the arbitral disputes that have arisen between the petitioner and respondents at the Arbitration and Conciliation Centre under the aegis of this Court in accordance with the Madras High Court Arbitration Proceedings Rules, 2017 and the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees), Rules 2017.

Instant OP is ordered as above. No costs.

19.12.2019 Speaking order: Yes/No Index: Yes/No gpa Note: Registry is directed to communicate this order forthwith to Mr.P.Giridharan, Advocate, having address for service at 3rd Floor, Vanguard House, No.48, Second Line Beach, Parrys, Chennai-600 001 (Mob No.98846 72733).

3/4

M.SUNDAR.J., gpa 19.12.2019 4/4