Madras High Court
Medall Scans And Labs Private Limited vs Brindha Brighton on 20 October, 2021
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
Arb.O.P.No.153 of 2021
THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 20/10/2021
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Arb. O.P. No. 153 of 2021
Medall Scans and Labs Private Limited,
rep.by its Legal Executive,
No.67,2nd Floor, TNPL Building,
Anna salai, Guindy,
Chennai - 600 032. . . . Petitioner
Versus
Brindha Brighton,
No.50,Marvel Riverview Country,
Mariamankoil Street,
Manapakkam, Chennai - 600 125. . . . Respondent
PRAYER : Petition filed under Section 11(6) of Arbitration and Conciliation
Act, 1996, to appoint an arbitrator, interms of the agreement dated 31.03.2015
and supplementary agreement dated 23.11.2018 entered into between the
petitioner and respondent, for the purpose of adjudicating upon the disputes
that have arisen between the petitioner and the respondent and to award costs of
the present proceeding to the petitioner.
For Petitioner : Mr.Srinath Sridevan
For Respondent : No Appearance
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Arb.O.P.No.153 of 2021
ORDER
This Arbitration Original Petition has been filed to appoint an arbitrator, in terms of the agreement, dated 31/3/2015 and supplementary agreement, dated 23/11/2018 entered into between the petitioner and the respondent, for the purpose of adjudicating upon the disputes that have arisen between the petitioner and respondent.
2. Heard Mr.Srinath Sridevan, learned counsel for the petitioner.
3. Despite the name has been printed in the cause list, none appeared for the respondent.
4. Learned counsel appearing for the petitioner submitted that Clause 13
(b) of the agreement entered into between the parties, provide for reference to the arbitration. He would further submit that the respondent is also willing to go for arbitration.
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5. Considering the nature of dispute, this Court, appoints Mr.N.C.Ramesh, learned Senior Advocate, as a sole Arbitrator to arbitrate the dispute between the parties.
6. Accordingly, this original petition is ordered as follows:
i) Mr.N.C.Ramesh, learned Senior Advocate, 6/47 North Road, West C.I.T.Nagar, Behind Nandhi Statue, Chennai 600 035 (Mobile No.98841212720), 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 http://www.judis.nic.in Arb.O.P.No.153 of 2021 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. This Original Petition is ordered accordingly, leaving the parties to bear their own costs.
20/10/2021 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
To Mr.N.C.Ramesh, Senior Advocate, 6/47 North Road, West C.I.T.Nagar, Behind Nandhi Statue, Chennai 600 035 (Mobile No.98841212720) Page No:4/5 http://www.judis.nic.in Arb.O.P.No.153 of 2021 N. SATHISH KUMAR, J mvs Arb. O.P. No. 153 of 2021 20.10.2021 Page No:5/5 http://www.judis.nic.in