M/S.Thermosystems Private Limited v. M/S.Va Tech Wabag Limited
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-02-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
1. M/s.Thermosystems Private Limited (a Company regd. under the Companies Act, 1956) Regd office No.28, Nagarjuna Hills, Punjagutta, Hyderabad 500 082, Telangana and Factory Office at Plot No.21/C, IDA Phase III, Jeedimetla, Hyderabad, Telangana 500 055 Rep.by Mr.V.V.Bangarraju Kedarasetti, Manager-Finance and Accounts Petitioner(s) Vs
1. M/s.VA TECH WABAG LIMITED (a Company regd. under the Companies Act, 1956) Regd. Office WABAG House, No.17, 200 Feet Thoraipakkam Pallavaram Main Road, Sunnambu Kolathur, Chennai 600 0117 Tamil Nadu Rep.by its Managing Director Respondent(s) PRAYER Petition filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996, praying to Appoint an arbitrator to adjudicate the disputes between the Petitioner and Respondent in terms of arbitration agreement i.e. Clause 20 of the Purchase Order No.MBG-PO-17348/10P84 and
2/6 Work Order No.MBG-PO-17426/10P84 dated 27-Mar-2015 awarded by the Respondent to the Petitioner.
For Petitioner(s):
M/s.K.Rajendran For Respondent(s):
Mr.Neeraj Kumar
ORDER
This petition has been filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 (for the sake of brevity, hereinafter referred to as 'the Act') for the appointment of a Sole Arbitrator to adjudicate the disputes between the petitioner and the respondent.
2.When the matter came up for admission on 27.10.2025, this Court passed the following order:
This original petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking for appointment of an Arbitrator to adjudicate the disputes between the petitioner and the respondent in terms of the arbitration agreement clause 20 of the purchase order dated 27.03.2015.
2. The trigger notice under Section 21 of the Arbitration and Conciliation Act has been issued on 23.05.2025 and the respondent has also given a reply.
3. Notice to the respondent returnable by 17.11.2025. Private notice is also permitted.
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4. Post the case on 17.11.2025.
3.The respondent has been served with notice and the respondent is represented through a counsel.
4.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent.
5.The learned counsel for the respondent objected to the claim made by the petitioner and also raised the issue of arbitrability. This issue can be raised before the Sole Arbitrator appointed by this Court and the same will be dealt with on its own merits and in accordance with law. 6.It is seen that there is a valid agreement between the parties in line with Section 7 of the Act and the Purchase Order contains an arbitration clause in Clause 20. Hence, this Court is inclined to appoint a Sole Arbitrator. Accordingly, Mr.S.Ravi, Senior Advocate, 2A, II Floor, KGEYES Arulagam, 9(13), Bishop Wallers Avenue East, Mylapore, Chennai 600 004 is appointed as sole Arbitrator. The sole Arbitrator is requested to enter upon reference, adjudicate upon arbitrable disputes that have arisen between the parties. The
4/6 Arbitrator shall hold sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 and fee of Hon'ble sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees) Rules 2017. 7.This petition is disposed of in the above terms. No Costs. 02-02-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
5/6 To 1.Mr.S.Ravi, Senior Advocate, 2A, II Floor, KGEYES Arulagam, 9(13), Bishop Wallers Avenue East, Mylapore, Chennai 600 004
2. The Director Tamil Nadu Mediation and Conciliation Centre-cum-Ex-Officio Member Madras High Court Arbitration Centre Chennai - 104.
6/6 N.ANAND VENKATESH J.
ssr 02-02-2026