M/S.Samunnati Agro Solutions Pvt Ltd v. M/S.Parvathy Agro Farms
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 21ST DAY OF SEPTEMBER 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.P.No.912 of 2018 In the matter of Arbitration and Conciliation Act, 1996 And In the matter of the Sourcing and Distribution Agreement dated 15.02.2017 between M/s Samunnati Agro Solutions Private Limited and M/s Parvathy Agro Farms M/s Samunnati Agro Solutions Pvt Ltd IITM - RTBI, Module 1C, 1st Floor, IItm Research Park, Kanagam Village, Taramani, Chennai - 600 113.
Rep by its Consultant Mr. Amudan ... Petitioner Vs.
M/s Parvathy Agro Farms, No.11/521 & 522, Koyalathpadi, Gandhi Seva Sadan PO, Pathirippala Palakkad - 679302.
... Respondent Original Petition praying that this Hon'ble Court be pleased to appoint an Arbitrator in terms in Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate all the disputes between the Petitioner and the Respondent.
This Original Petition along with O.P.No.913 of 2018 coming on this day before this court for hearing in the presence of Mr.M.Arunachalam advocates for the petitioner herein and for the Respondent herein not appearing in person or by advocate and upon reading the petition and the affidavit of P.Mohan Prasad filed herein and it is ordered as follows:- That Mr.P.T.Ramkumar, Advocate, residing at No.93, First Floor, S.M.Plaza, Armenien Street, Chennai - 600 001. (Mobile Nos. - 94440 88885 and 88704 88885) be and is hereby appointed as the Arbitrator to enter upon reference and adjudicate the disputes inter se the parties.
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 21ST DAY OF SEPTEMBER 2021.
Sd/- ASSISTANT REGISTRAR (OS - 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.
ED 29.09.2021 O.P.No.912 of 2018
ORDER
DATED: 21.09.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 30.09.2021 APPROVED ON : 01.10.2021 Copy to:
Mr.P.T.Ramkumar, Advocate, Arbitrator, No.93, First Floor, S.M.Plaza, Armenian Street, Chennai - 600 001.
Mobile Nos. - 94440 88885 88704 88885
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR O.P.Nos. 912 & 913 of 2018 O.P.No.912 of 2018:
Sammunnati Agro Solutions Pvt Ltd IITM-RTBI, Module 1C 1st Floor, Iitm research Park, Kanagam Village, Taramani, Chennai 600 113 Rep by its Consultant Mr.Amudan ... Petitioner ..Vs..
Parvathy Agro Farms No 11/521&522, Koyalathpadi, Gandhi Seva Sadan PO, Pathirippala Palakkad-679302 ... Respondent O.P.No.913 of 2018:
Sammunnati financial Intermediation an Services Pvt Ltd IITM-RTBI Module 2A, Phase II Block A, 6th Floor, IITM Research park, Kanagam Village, Taramani, Chenni-600 113 Rep by Mr.Ritesh Nair Head Legal & Compliance ... Petitioner ..Vs..
Integrated and Inclusive Development of Communities PlotNo 105/1,P&T Colony, Near RTO office, Thirumalgiri, Secunderabad, Telangana -500015 ... Respondent COMMON PRAYER : Original Petitions filed under Section 11(6) of 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 the Respondent. For Petitioner :
Mr. M.Arunachalam in both O.P.s For Respondents :
No appearance in both O.P.s
ORDER
(This case has been heard through video conference) These Original Petitions have been filed for appointment of Arbitrator to resolve the dispute arise between the parties in pursuant to the agreements dated 15.02.2017 and 25.05.2017.
2. It appears that the petitioner has issued notices invoking arbitration dated 31.07.2018 in O.P.No.912 of 2018 and dated 02.07.2018 in O.P.No.913 of 2018 respectively. The parties are governed by the agreement executed between them, in which, a clause viz., Governing Law
and Jurisdiction provides for reference to the arbitration and the place of arbitration shall be at Chennai.
3. Heard the learned counsel appearing for petitioner.
4. In such view of the matter, since parties are governed by the contract and taking note of the nature of contract and the dispute arose between the parties, it is ordered as follows :- i) Mr. P.T.Ramkumar, Advocate, residing at No.93, First Floor, S.M.Plaza, Armenien Street, Chennai- 600 001, Contact No.94440 88885 & 88704 88885 is appointed as the Arbitrator to enter upon reference and adjudicate the disputes inter se the parties.
ii] 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. iii] 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. These Original Petitions are ordered accordingly, leaving the parties to bear their own costs.
Sd./- N.S.K.J., 21/09/2021 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.