Fortune Abodes P Ltd v. Shshi Chandra Gupta

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2019

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ O.P.NO.999 OF 2018 M/s.Fortune Abodes Private Limited Having its Registered Office at Flat No.12, Dhanalakshmi Apartment, Door No.74, First Avenue, Ashok Nagar, Chennai - 600 083.

Rep. by its Director Mr.N.Vadivelu .... Petitioner Vs.

1.Sashi Chandra Gupta 2.Adarsh Gupta 3.Mahesh Kumar Gupta 4.Narayanan Gupta 5.Anila Agarwal 6.Kushma Jiwarjka 7.Usha Poddar ... Respondents PRAYER: Original Petition filed under Section 11(4) of the Arbitration and Conciliation Act, 1996, to appoint an Arbitrator to adjudicate the claim of the petitioner pursuant to Clause 9 of the terms and conditions of the Agreement for Joint Development, dated 05.10.2008. For Petitioner :

Mr.R.Gopinath For Respondents :

Mr.N.Ravishankar Vallatharasu 1 and 3

O R D E R

This Original Petition is filed by the petitioner seeking appointment of a Sole Arbitrator to adjudicate the claim of the petitioner pursuant to Clause 9 of the terms and conditions of the Agreement for Joint Development, dated 05.10.2008.

2. When the matter is called for hearing today, both the learned counsel agreed that Mr.S.A.Sriramulu, District Judge (Retired) be appointed as Sole Arbitrator to adjudicate upon the disputes inter se the parties as the parties.

3. Thus, I appoint Mr.S.A.Sriramulu, District Judge (Retired), residing at No.2-A, 5th Cross Street, Lal Bahadur Colony, Bharathi Nagar, Peelamedu, Coimbatore - 641 004, Phone: 0422 - 2565706, Mobile No.9842263173 as the sole Arbitrator to enter upon the reference and after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible within a period of six months from the date of receipt of the order. The learned Arbitrator is at liberty to fix his remuneration as well as schedule of expenses which shall be borne by both parties equally. The proceedings may be

conducted under the aegis of the Madras High Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules.

4. This Original Petition is ordered in the aforesaid terms leaving the parties to bear their own costs.

29.01.2019 Index:

Yes/No TK

M.GOVINDARAJ, J.

TK O.P.NO.999 OF 2018 29.01.2019