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Madras High CourtArb O.P(COM.DIV.)/42/2023closed

M/S.Star Associates, Rep.By Its Managing Partner, v. The Senior Divisional Commercial Manager

2023-11-09Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2023 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN Arb.O.P(Com.Div).Nos.42 and 43 of 2023 M/s.Star Associates, Represented by its Managing Partner Mr.S.R.Venkat Vel, having his office at No.84, Indian Bank Colony, Annex 1st Street, Narasoothipatty, Salem - 636 004.

... Petitioner in both Original Petitions Vs.

The Senior Divisional Commercial Manager, Southern Railway, Salem - 636 005.

... Respondent in both Original Petitions Prayer in Arb.O.P(Com.Div.)No.42 of 2023: Original Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint a Sole Arbitrator to hear and decide the disputes that have arisen between the Petitioner and the Respondent under the Agreement dated 11.11.2020. 1/4

Prayer in Arb.O.P(Com.Div.)No.43 of 2023: Original Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint a Sole Arbitrator to hear and decide the disputes that have arisen between the Petitioner and the Respondent under the Agreement dated 08.02.2021. For Petitioner : Mr.V.Vijay Shankar (in both Original Petitions) For Respondent : Mr.ARL.Sundaresan (in both Original Additional Solicitor General Petitions) COMMON ORDER Notice which has been issued by the petitioner prior to institution of this petition on 06.10.2022 does not satisfy the legal requirements under Section 21 of the Arbitration and Conciliation Act, 1996.

2. Considering the same, these Arbitration Original Petitions are closed with liberty to issue proper notice under Section 21 of the Arbitration and Conciliation Act, 1996.

2/4

3. With the above liberty, these Arbitration Original Petitions stand closed. No costs.

09.11.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order jas 3/4

C.SARAVANAN, J.

jas Arb.O.P(Com.Div).Nos.42 and 43 of 2023 09.11.2023 4/4