M/S.Samunnati Financial Intermediation And Services Pvt.Ltd. v. M/S Star Masala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 26TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.P.No.911 of 2018 In the matter of Arbitration and Conciliation Act, 1996 and In the matter of the Hypothecation Agreement dated 24th September 2016 between M/s.

Samunnati Finance Intermediation and Services Pvt.

Ltd., and M/s. Star Masala M/s. Samunnati Financial Intermediation and Services Pvt Ltd rep. By Mr.Ritesh Nair Head Legal & Compliance IITM-RTBI Module 2 A Phase II, Block A, 6th Floor IITM Research Park, Kanagam Village Taramani, Chennai 600 113.

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Petitioner Vs M/s. Star Masala II Floor, KMN Hari Plaza 128 Gandhi Street, Kollampalayam, Erode 638 002.

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Respondent Original Petition praying that this Hon'ble Court be pleased to:- a) appoint an Arbitrator in terms of Section 11 (6) of the Arbitration and Conciliation Act, 1996 to adjudicate all the disputes between the petitioner and respondent.

This Original Petition alongwith O.P.No. 914 of 2018 coming on this day before this court for hearing in the presence of Mr.M.Arunachalam, Advocate for the Petitioner herein and the respondent herein not appearing in person or by advocate and upon reading the petition filed herein, it is ordered as follows:- That Mr.Vijayan Subramanian, Old No.33, New No.17, Pulla Avenue, Shenoy Nagar, Chennai 600 030 (Mobile No.9841320723) be and is hereby appointed as a Sole Arbitrator to enter upon reference and adjudicate the matters.

2. That the learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the Order.

3. That the learned Sole Arbitrator appointed herein shall be paid fees and other incidental charges, fixed by him and the same shall be borne by the parties equally.

4. That both parties hereto shall bear their own costs. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 26th DAY OF JULY 2021.

Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SK 04.08.2021 O.P.No.911 of 2018 ORDER:- DATED: 26.07.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 05.08.2021 APPROVED ON : 05.08.2021 Copy to:- Mr.Vijayan Subramanian, Sole Arbitrator Old No.33, New No.17, Pulla Avenue, Shenoy Nagar, Chennai 600 030.

(Mobile No.9841320723)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 26/7/2021 C O R A M THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR O.P.Nos.911 and 914 of 2018 Samunnati Financial Intermediation and Services Pvt Ltd rep. By Mr.Ritesh Nair Head Legal & Compliance IITM-RTBI Module 2 A Phase II, Block A, 6th Floor IITM Research Park, Kanagam Village Taramani Chennai 600 113.

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Petitioner in both the Original Petitions Vs M.s, Star Masala II Floor, KMN Hari Plaza 128 Gandhi Street Kollampalayam Erode 638 002.

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Respondent in O.P.No.

M/s. Selvi Snacks 127 Vairapalayam, Nethaji Street Erode 638 001.

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Respondent in O.P.No.

PRAYER in Original Petitions: Petitions filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator in terms of

Section 11 (6) of the Arbitration and Conciliation Act, 1996 to adjudicate all the disputes between the petitioner and respondents. For Petitioner ...

Mr.M.Arunachalam For Respondents ...

No appearance - - - - - - C O M M O N O R D E R These Original Petitions have been filed, to appoint an Arbitrator, in terms of Section 11 (6) of the Arbitration and Conciliation Act, 1996, to adjudicate all the disputes between the petitioner and respondents.

2. Heard Mr.M.Arunachalam, learned counsel for the petitioner.

3. Despite the names of the respondents were printed in the cause list, none appeared for the respondents.

4. The dispute arose in the Hypothecation Agreement, dated 24/9/2016 and 28/12/2016, respectively, entered between the parties. Since the respondents have failed to act, as per the procedure agreed upon by the parties, the petitioner has come forward with these applications praying for

the relief as stated therein.

5. Accordingly, Mr.Vijayan Subramanian, learned counsel, is appointed as a Sole Arbitrator to enter upon reference and adjudicate the matters.

6. Accordingly, these Original Petitions are ordered as follows: i. Mr.Vijayan Subramanian, Old No.33, New No.17, Pulla Avenue, Shenoy Nagar, Chennai 600 030 (Mobile No.9841320723) is appointed as a Sole Arbitrator to enter upon reference and adjudicate the matters.

ii. Learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the Order.

iii. The learned Sole Arbitrator appointed herein shall be paid fees and other incidental charges, fixed

by him and the same shall be borne by the parties equally.

7. These Original Petitions are ordered accordingly, leaving the parties to bear their own costs.

Sd./-(N.S.K.J.,) 26.07.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.