Madras High Court
Kone Elevator India Private Limited vs Ms.Shweta Agarwal on 8 January, 2025
Arb O.P(COM.DIV.) NO. 445 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2025
CORAM
THE HONOURABLE MR JUSTICE P.B. BALAJI
Arb.O.P (COM.DIV.) No.445 of 2024
Kone Elevator India Private Limited,
Plot No.A28, SIPCOT Industrial Park,
Sriperumbudur Taluk,
Kancheepuram District – 602 105,
Tamil Nadu,
Represented by its Authorized Representative.
...Petitioner
Vs
Ms.Shweta Agarwal
...Respondent
PRAYER: The Arbitration Original Petition is filed under Section 11(6) of
the Arbitration and Conciliation Act, 1996 to appoint Mr.Inbavijayan,
having his address at G-2, Plot #108, Majestic Colony, Valsarawakkam,
Chennai – 600 087 ([email protected]) or any other person as it
deems fit as Sole Arbitrator under Section 11 (6) of the Arbitration and
Conciliation Act, 1996, as amended to resolve the disputes and differences
arising between the parties under or in connection with the Contract dated
29.12.2016 bearing reference No.KEI/0050/201612/0006454804 for supply,
installation, testing and commissioning of elevators.
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https://www.mhc.tn.gov.in/judis
Arb O.P(COM.DIV.) NO. 445 of 2024
For Petitioner : Ms.Mahima Makhija for
Mr.Eshwar
For Respondent : No Appearance
ORDER
This Arbitration Original Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint Mr.Inbavijayan, having his address at G-2, Plot #108, Majestic Colony, Valsarawakkam, Chennai – 600 087 ([email protected]) or any other person as it deems fit as Sole Arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996, as amended to resolve the disputes and differences arising between the parties under or in connection with the Contract dated 29.12.2016 bearing reference No.KEI/0050/201612/0006454804 for supply, installation, testing and commissioning of elevators
2.Heard Ms.Mahima Makhija for Mr.Eshwar, learned counsel appearing for the petitioner. Despite service of notice on the respondents 2/6 https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) NO. 445 of 2024 and names of the respondents being printed in the cause list today (08.01.2025), the respondents have not chosen to enter appearance either in person or through counsel.
3. The case of the petitioner is that the respondent's mother late Mrs.Sarojini Devi had approached the petitioner for the supply and installation of one monoscope scenic elevator and in respect of which contract also executed between the parties. The said Ms.Sarojini Devi died and the rights and liabilities including the payment out Application were transferred to the respondent.
4. According to the respondent, the outstanding due is a sum of Rs.6,84,093/- and there has been breach of the contractual terms and conditions. The respondent had issued a legal notice dated 26.07.2021, which was replied by the petitioner on 21.09.2021, thereby calling upon the respondent to settle the outstanding dues together with interest.
5. According to the petitioner, Section 21 notice was issued to the 3/6 https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) NO. 445 of 2024 respondent on 10.10.2023, intimating the appointment of Mr.Inbavijayan as the sole arbitrator. Though the respondent has received the said notice, there has been no reply to the same. Even before this Court, the respondent has not chosen to enter appearance in person or through counsel. This Court ordered substituted service to the respondent by publication in one issue of any English daily. In compliance of the same the petitioner also effected paper publication on 18.12.2024 in 'Business Standard”,. Today when the matter was taken up, the respondent has not appeared either in person or through counsel. Therefore, the respondent is hereby set exparte.
6. I have gone through the submissions made in the Section 11 Petition and I am satisfied that the petitioner is entitled to seek appointment of a sole Arbitrator, viz., Mr.Inbavijayan, having his address at G-2, Plot #108, Majestic Colony, Valsarawakkam, Chennai – 600 087 ([email protected]) as the Sole Arbitrator. The sole Arbitrator is directed to issue notice to the respondent and thereafter, decide the disputes and adjudicate the differences between the parties, in accordance with law. 4/6 https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) NO. 445 of 2024
7. The learned Arbitrator is entitled to fix his fees as per the Schedule-IV to the Act. This Court further requests the learned Arbitrator to endeavor to decide the dispute as expeditiously as possible, however, not later than six (6) months from the date of his entering into reference.
8. Accordingly, this Arbitration Original Petition is allowed.
08.01.2025 rkp Index : Yes / No Internet : Yes / No 5/6 https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) NO. 445 of 2024 P.B.BALAJI.J, rkp Arb.O.P (COM.DIV.) No.445 of 2024 08.01.2025 6/6 https://www.mhc.tn.gov.in/judis