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Madras High CourtA/5761/2022ordered

S.T.Gauthaman, v. M/S. Maneck Jewels Private Limited, Rep. By Its Director Mr.Kunal Dhiresh Maneck,

2022-12-15Honourable Mr Justice Krishnan Ramasamy2 pages

A.No.5761 of 2022 in Arb.O.P.(Com.Div).No.303 of 2021 KRISHNAN RAMASAMY. J., Today the matter is listed under the caption "For Being Mentioned.", at the instance of the learned counsel appearing for the applicant. 2.Learned counsel appearing for the applicant would submit that the learned Arbitrator appointed by this Court expressed his inability to continue with the arbitration proceedings since the claimant is known person to him and therefore, he prayed to substitute the Arbitrator to resolve the disputes between the petitioner and the respondent.

3.Under such circumstances, this Court is of the view that since the present Arbitrator expressed his inability to proceed with the matter due to the fact that the claimant is a known person to him, it would be appropriate to substitute the Sole Arbitrator.

4.Accordingly, the Hon'ble Mr.Justice N.Authinathan, Former Judge of Madras High Court, residing at No.37, A-Block, Lakshmi Nivas, Marshalls Road, Egmore, Chennai - 600 008, Contact No.9445508822, is https://www.mhc.tn.gov.in/judis 1/2

KRISHNAN RAMASAMY. J., rst appointed as the Arbitrator to enter upon reference and adjudicate the disputes inter se the parties. 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 Sole Arbitrator appointed herein shall be paid fees and other incidental charges, fixed by him and the same shall be borne by the parties equally.

5.This Original Petition is ordered accordingly, leaving the parties to bear their own costs. Since this Court has appointed the Arbitrator, it is open to the petitioner as well as the respondent to seek other reliefs under the provisions of Arbitration and Conciliation Act 1996 before the Arbitrator. 09.02.2023 rst A.No.5761 of 2022 in Arb.O.P.(Com.Div).No.303 of 2021 https://www.mhc.tn.gov.in/judis 2/2