Big Laundry Services Private Limited v. Mohankrishnan Jayaraman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 28.01.2025 Pronounced on : 31.01.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Big Laundry Services Private Limited Having its registered office at, No.1/56, Pudupakkam, Off Kelambakkam to Vandalur Road, Kancheepuram District - 60 103 Rep. by its Authorised Representative Mr.P.Kesavan ... Petitioner vs.

1.Mr.Mohankrishnan Jayaraman 2.Mr.M.Sankar Ganesh 3.Mrs.M.Sujatha 4.Mr.M.Magesh Vinayak ... Respondents PRAYER: Arbitration Original Petition filed under Sections 11(6) of the Arbitration and Conciliation Act, 1996, to appoint a Sole Arbitrator to adjudicate the dispute between the petitioner and the respondent arising out of the agreement dated 19.12.2018.

For Petitioner : Mr.M.Durai Murugan For Respondents : No appearance 1/4

ORDER

This Original Petition has been filed seeking appointment of a Sole Arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator to adjudicate the disputes between the parties. 2.Heard Mr.M.Durai Murugan, learned counsel for the petitioner. Despite service of notice on the respondents and their names also being printed in the cause list, there is no appearance on the side of the respondents either in person or through advocates. The respondents are set ex-parte. I have therefore, proceeded to hear the learned counsel for the petitioner.

3.The learned counsel for the petitioner would take me through the arbitration agreement dated 19.12.2018, more specifically, the arbitration clause at clause 14 which evidences the fact that the parties had agreed to resolve all their disputes and differences by arbitration and that the proceedings will be at Chennai.

4.I am satisfied with the existence of a valid arbitration agreement 2/4

between the petitioner and now that the petitioner has grievances against the respondents for breaching the terms of the arbitration agreement, the petitioner is entitled to grant an order to appoint an Arbitrator. 5.In view of the above, I hereby appoint Mr.R.Palaniandavan, Advocate, No.770-A, Lower Ground Floor, Dewa Towers, Anna Salai, Chennai - 600 002, Ph.No.9884110509, as sole Arbitrator to go into the disputes between the parties and adjudicate the same, in accordance with law.

6.The learned Arbitrator is entitled to fix his fees as per the ScheduleIV to the Act. This Court further requests the learned Arbitrator to endeavor to decide the dispute as expeditiously as possible, however, not later than nine (9) months from the date of his entering into reference. 7.Accordingly, this Arbitration Original Petition is allowed. 31.01.2025 ata Index : Yes / No Internet : Yes / No 3/4

P.B.BALAJI, J., ata 31.01.2025 4/4