Mavin Architectural Solution Pvt Ltd v. Shri Akshai Constructions

A.No.37 of 2024 in Arb. O.P.(Comm. Div.)No.369 of 2023 ABDUL QUDDHOSE.J., This application has been filed seeking for modification of the order dated 15.09.2023 passed in Arb.O.P.(Comm. Div.) No.369 of 2023. There are two contracts and both the contracts contain an arbitration clause. Separate arbitrators have been appointed by this Court in respect of each of the contracts. In one matter Dr.S.Padma, learned Advocate has been appointed as the arbitrator in Arb.O.P.(Comm. Div.)No.373 of 2023 and in the other matter Dr.P.Vasudevan, learned Advocate has been appointed as the arbitrator in Arb.O.P.(Comm. Div.)No.369 of 2023. Dr.S.Padma, learned Advocate has already acted upon the reference in Arb.O.P.(Comm. Div.)No.373 of 2023. Both Arb.O.P.(Comm. Div.)Nos.369 and 373 of 2023 are admittedly connected matters. In such circumstances, the present application has been filed, seeking modification for appointing Dr.S.Padma, learned Advocate as the arbitrator in Arb.O.P.(Comm. Div.)No.369 of 2023 as well.

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ABDUL QUDDHOSE.J., ab

2. The learned counsel for the respondent has stated no objection for allowing this application. Since sufficient cause has been shown in the affidavit filed in support of this application, this Court is inclined to allow this application. Accordingly, A.No.37 of 2024 is allowed as prayed for and Dr.S.Padma, learned Advocate is appointed as the arbitrator in place of Dr.P.Vasudevan.

3. Learned counsels are directed to inform Dr.P.Vasudevan, learned Advocate about the order passed by this Court today at the earliest. 04.01.2024 ab A.No.37 of 2024 in Arb. O.P.(Comm. Div.)No.369 of 2023 2/2 https://www.mhc.tn.gov.in/judis