Madras High Court
M/S.Medall Scans And Labs Private ... vs M/S.Arubah Health Care on 22 June, 2022
Author: M.Sundar
Bench: M.Sundar
Arb.O.P (Com.Div.) No.6 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2022
CORAM
THE HON'BLE MR. JUSTICE M.SUNDAR
Arb.O.P (Com.Div.) No.6 of 2022
M/s.Medall Scans and Labs Private Limited
Represented by its Deputy Manager Legal
S.Ashwin
No.67, Second Floor, TNPL Building
Mount Road, Guindy
Chennai-600 032. ... Petitioner
Vs.
1. M/s.Arubah Health Care
Door No.2A, Second Block
Shanthi Towers
No.88, Arcot Road
Vadapalani, Chennai-600 026.
2. Shahin Banu
Shanthi Towers
2A, Second Floor
No.88, Arcot Road
Vadapalani, Chennai-600 026.
3. K.Shabana Banu
No.8/B, Parasuraman Street
Old Washermenpet,
Chennai - 600 021. ... Respondents
1/5
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.6 of 2022
Arbitration Original Petition filed under Section 11(6) of the
Arbitration and Conciliation Act, 1996, to
(a) Appoint a sole Arbitrator and constitute an Arbitral Tribunal for
resolving the various disputes and differences that have arisen between the
petitioner and the respondent from and out of the operation of the Franchise
Agreement dated 29.05.2015 and Clause 13 of the said Agreement;
(b) Direct the respondents to pay costs of this petition;
For Petitioner : Mr.R.Alvin Manoj Raj
M/s.RRN Legal (Law Firm)
For Respondents : Mr.Xavier Felix
ORDER
Mr.R.Alvin Manoj Raj, learned counsel for the petitioner and Mr.Xavier Felix, learned counsel for all the three respondents are before this Court.
2. Both the learned counsel submit that there is no disputation or disagreement about existence of Arbitration Agreement between parties herein. Both the learned counsel submit that the issue is very short and turns on a narrow compass. Therefore, a member of Bar can be appointed as Arbitrator is their say. This makes the task of disposal of the captioned 2/5 https://www.mhc.tn.gov.in/judis Arb.O.P (Com.Div.) No.6 of 2022 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] fairly simple. In any event a legal drill under Section 11 of The Arbitration and Conciliation Act, 1996 (Act 26 of 1996)' [hereinafter 'A and C Act' for the sake of brevity, convenience and clarity] should perambulate within the statutory perimeter sketched by sub-section (6A) thereat.
3. Mr.A.J.Jawad, learned Advocate, residing at No.5/1, Jagajeevan Ram Avenue, East Coast Road, Injambakkam, Chennai-600 115, Mobile No.9840087114, Email ID : [email protected] is appointed as sole Arbitrator. Learned Arbitrator is requested to enter upon reference qua Franchise Agreement dated 29.05.2015, adjudicate arbitrable disputes that have arisen between the parties qua Franchise Agreement and render an award by holding sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC), by adopting Madras High Court Arbitration Proceedings Rules 2017 and fee of the learned Arbitrator shall be as per Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees) Rules 2017.
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4. It is open to the learned Arbitrator to scale down the fee further as both sides submit that the matter may well be sorted out in one sitting. It is also open to the parties to take recourse to Section 30 of A and C Act.
5. Captioned Arb OP disposed of in the aforesaid manner. There shall be no order as to costs.
22.06.2022 mk Index: Yes/no Speaking/non-speaking Note: Registry to communicate this order forthwith to:
1. Mr.A.J.Jawad, Advocate, No.5/1, Jagajeevan Ram Avenue, East Coast Road, Injambakkam, Chennai-600 115, Mobile No.9840087114, Email ID : [email protected]
2. The Director Tamil Nadu Mediation and Conciliation Centre
-cum- Ex Officio Member, Madras High Court Arbitration Centre Madras High Court, Chennai – 600 104.4/5
https://www.mhc.tn.gov.in/judis Arb.O.P (Com.Div.) No.6 of 2022 M.SUNDAR.J., mk Arb.O.P (Com.Div.) No.6 of 2022 22.06.2022 5/5 https://www.mhc.tn.gov.in/judis