Madras High Court
Shayan Italia vs Benze Vacation Club on 6 October, 2021
Author: N.Sathish Kumar
Bench: N. Sathish Kumar
O.P.No.276 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 6/10/2021
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
O.P.No. 276 of 2020
1. Shayan Italia
2. Dynshaw Fareed Italia ... Petitioners
Vs
Benze Vacation Club
rep. By its Mrs.Bhuvaneswari Saravanan
New No.23 Old No.11
Jambulingam Street
Nungambakkam
Chennai 600 004. ... Respondent
PRAYER : Petition filed under Section 11 (6) of the Arbitration and
Conciliation Act, 1996 to appoint a sole independent and impartial arbitrator to
adjudicate and decide the disputes between the parties.
For Petitioners ... Ms.Thanushree Arvind
For Respondent ... No appearance
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O.P.No.276 of 2020
ORDER
This Arbitration Original Petition has been filed to appoint a sole independent and impartial arbitrator to adjudicate and decide the disputes between the parties.
2. Heard Ms.Thanushree Arvind, learned counsel for the petitioners.
3. Though Mr.M.V.Sathish, learned counsel for the respondent agreed to furnish security, on 16/9/2021, none appeared for the respondent today.
4. Vide, order, dated 13/3/2020, this Court had appointed Mr.P.Ganesan, Retired District Judge, as the sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties.
5. Today, when the matter is taken up for hearing through Video Conferencing, learned counsel appearing for the petitioners submitted that arbitrator appointed by this Court had expressed his inability to continue. Page No:2/5 https://www.mhc.tn.gov.in/judis/ O.P.No.276 of 2020
6. In such a view of the matter, this Court is inclined to appoint Mr.N.Nandan, Retd District Judge, as a sole Arbitrator to enter upon reference and adjudicate the matter.
7. Accordingly, this Arbitration Original Petition is ordered as follows:
i) Mr.M.Nandan, Retd District Judge, No.171, MIG, 4th Main Road, TNHB, Nolambur, Phase 2, Mogappiar, West Garden, Chennai 37 (Mobile No.9444112414) is appointed as a Sole Arbitrator to enter upon reference and adjudicate the matter.
ii] 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.
Page No:3/5 https://www.mhc.tn.gov.in/judis/ O.P.No.276 of 2020 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.
8. This Arbitration Original Petition is ordered, leaving the parties to bear their own costs.
6/10/2021 mvs.
Index: Yes/No Internet: Yes/No Speaking/Non-speaking To Mr.M.Nandan, Retd District Judge, No.171, MIG, 4th Main Road, TNHB, Nolambur, Phase 2, Mogappiar, West Garden, Chennai 37 (Mobile No.9444112414) Page No:4/5 https://www.mhc.tn.gov.in/judis/ O.P.No.276 of 2020 N.SATHISH KUMAR,J mvs.
O.P.No.276 of 2020 6/10/2021 Page No:5/5 https://www.mhc.tn.gov.in/judis/ O.P.No.276 of 2020 Page No:6/5 https://www.mhc.tn.gov.in/judis/