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Madras High CourtArb Appln/1297/2025disposed of

P Mahendra Kumar And Sons Huf v. M/S Jain Texport

2025-10-29Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH IN OA No. 331 of 2024

1. P Mahendra Kumar and Sons HUF Represented by its Karta Mr. P Mahendra Kumar residing at Old No.18/1, New No.28/1, Viyasar Street, T. Nagar Chennai 600 017

2. Mrs.Kiran Kumari residing at Old No. 18/1, New No.

28/1, Viysar Street, T. Nagar, Chennai 600 017 Applicant(s) Vs

1. M/s Jain Texport represented by its Partner Mr.Mahaveer Chand Jain, having office at 68/3, Bazulla Road, T.Nagar, Chennai 600 017.

2. Mr.P.Goutham Chand residing at New No. 2/1, Old No.16/1,

Maharajapuram SanthanamSalai, T. Nagar, Chennai 600 017 3.Mrs.Prakash Kaver residing at New No. 2/1, Old No.16/1, Maharajapuram SanthanamSalai, T. Nagar, Chennai 600 017 4.Mr.Mahaveer Chand Jain residing at New No. 2/2, Old No.16/2, Maharajapuram SanthanamSalai, T.Nagar, Chennai 600 017 5.Mrs.Santosh Kumari residing at New No. 2/2, Old No.16/2, Maharajapuram SanthanamSalai, T. Nagar, Chennai 600 017 6.P.Dilip Kumar and Sons HUF Represented by its Karta Mr. P Dilip Kumar, residing at New No. 54/1, Old No. 137, North Usman Road, T. Nagar, Chennai 600 017 7.Mrs.Nirmala Kanwar residing at New No. 2/3, Old No.16/3, Maharajapuram SanthanamSalai, T. Nagar, Chennai 600 017

8.Mr.G.Ashwin Kumar residing at New No. 2/1, Old No.16/1, Maharajapuram SanthanamSalai, T. Nagar, Chennai 600 017.

Respondent(s) PRAYER To substitute the arbitrator in place of Hon'ble Mr. Justice K.Kannan (Retd.), to continue the proceedings from the stage of trial. For Applicant(s):

Mr.Avinash Wadhwani For Respondent(s):

Mr.V.Kuberan for M/s.Rank Associates for R4 to R7

ORDER

This application has been filed under Section 15(2) of the Arbitration and Conciliation Act, 1996 for substitution of the sole Arbitrator.

2. When the O.A.No.331 of 2024 came up for hearing on 28.08.2024, this Court appointed the Hon'ble Mr.Justice K.Kannan, former Judge of the Punjab and Haryana High Court as the sole Arbitrator. The sole Arbitrator was not inclined to continue with the proceedings and hence, the present application has been filed to substitute the sole Arbitrator.

3. Notice has been served on all the respondents. Insofar as respondents 4 to 7 are concerned, they are represented through counsel. Insofar as respondents 1 to 3 & 8, affidavit of service has been filed and there is no representation

either in person or through counsel.

4. Taking into consideration the facts and circumstances of the case and the materials available on record, Hon'ble Mr.Justice R.S.Ramanathan, Former Judge of Madras High Court, residing at "Parijatham", Old No.4-B2, New No.15, Rajagopalan Street, Valmiki Nagar, Tiruvanmiyur, Chennai 600 041 (Mobile: 94442 22391) is substituted as the sole Arbitrator to continue with the proceedings.

5. This application is disposed of in the above terms. 29-10-2025 ss To

1. Hon'ble Mr.Justice R.S.Ramanathan (Retd.) "Parijatham", Old No.4-B2 New No.15, Rajagopalan Street Valmiki Nagar Tiruvanmiyur Chennai 600 041 (Mobile: 94442 22391)

N.ANAND VENKATESH J.

ss Arb Appln No. 1297 of 2025 in OA No.331 of 2024 29-10-2025