Madras High Court
Ayyapan vs M/S.Sundaram Finance Limited on 30 November, 2023
Author: C.Saravanan
Bench: C.Saravanan
Arb.O.P.(Com.Div.)Nos.389 of 2023 batch etc
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
Arb.O.P.(Com.Div.)Nos.389, 390, 391, 392, 393, 394, 395 and
396 of 2023
and
A.Nos.4332 to 4334, 4337, 4338, 4340, 4342 and 4345 of 2023
Arb.O.P.(Com.Div)No.389 of 2023:-
Ayyapan .. Petitioner
Vs.
1.M/s.Sundaram Finance Limited,
Rep by its Assistant General Manager (Legal),
21, Pattulos Road, Chennai – 600 002.
2.Mr.S.Ramachandran
3.Mrs.K.Elaiya Rani
District and Sessions Judge (Retd)
Sole Arbitrator,
No.29A, First Main Road,
ERI Scheme, Mogappair,
Chennai – 600 037. .. Respondents
Prayer: Original Petition is filed under Section 11(6) of the Arbitration
and Conciliation Act, 1996, praying to terminate the mandate of the 3 rd
respondent in Arbitration Case No.Ker/SF/236/2021 and the disputes
arising out of the loan agreement M001400540 dated 30.09.2017.
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Arb.O.P.(Com.Div.)Nos.389 of 2023 batch etc
For Petitioner : M/s.Abitha Banu
(in all Original Petitions)
For Respondents : Mr.M.Arunachalam
(in all Original Petitions)
COMMON ORDER
These petitions have been filed under Section 14(2) of the Arbitration and Conciliation Act, 1996 to terminate the mandate of the third respondent Arbitrator.
2. In all these cases, both the parties have consented for appointment of Senior Advocate as an Arbitrator to resolve the dispute between the parties. Recording the same, these Original Petitions are ordered and the following order is passed:-
(i) In Arb.O.P.(Com.Div)No.389 of 2023 Mr.K.M.Aasim Shehzad, Advocate, (Mobile No.:9841026786) residing at BFS Legal, No.47/1, Rams Surabi Apartments, 1st Main Road, R.A.Puram, Chennai – 600 028, is appointed as an Arbitrator to enter upon reference and adjudicate / resolve the inter se dispute between the parties.
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(ii) In Arb.O.P.(Com.Div)No.390 of 2023 Mr.Abishek Jenasenan, Advocate, (Mobile No.:9600000036) residing at No.15, Old No.6, Deivasigamani Street, Royapettah, Chennai – 600 014, is appointed as an Arbitrator to enter upon reference and adjudicate / resolve the inter se dispute between the parties.
(iii) In Arb.O.P.(Com.Div)No.391 of 2023 Mr.Abraham Vishal Jacob, Advocate, (Mobile No.:9884631228) residing at 2nd Floor, A Block, Bannari Amman Towers, No.29, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004, is appointed as an Arbitrator to enter upon reference and adjudicate / resolve the inter se dispute between the parties.
(iv) In Arb.O.P.(Com.Div)No.392 of 2023 Mr.Anirudh Krishnan, Advocate, (Mobile No.:7299088824) residing at “Madhumalathi”, No.20, Old No.59, Seethammal Colony, Alwarpet, Chennai – 600 018, is appointed as an Arbitrator to enter upon reference and adjudicate / resolve the inter se dispute between the parties. https://www.mhc.tn.gov.in/judis 3/7 Arb.O.P.(Com.Div.)Nos.389 of 2023 batch etc
(v) In Arb.O.P.(Com.Div)No.393 of 2023 Mr.S.Arunachalam, Advocate, (Mobile No.:8056038856) residing at No.6, Soorya Illam, Second Floor, Vasanth Apartments, Madurai Sami Madam Street, Sembiam, Chennai – 600 011, is appointed as an Arbitrator to enter upon reference and adjudicate / resolve the inter se dispute between the parties.
(vi) In Arb.O.P.(Com.Div)No.394 of 2023 Mr.K.Ashok Kumar, Advocate, (Mobile No.:9444958093) residing at New No.38, Old No.49, Padmanabha Nagar, 4th Street, Adayar, Chennai – 600 020, is appointed as an Arbitrator to enter upon reference and adjudicate / resolve the inter se dispute between the parties.
(vii) In Arb.O.P.(Com.Div)No.395 of 2023 Mr.M.Balachandar, Advocate, (Mobile No.:9841045923) residing at No.17A/29, Splendens Rudra, First Floor, Fourth Main Road, R.A.Puram, Chennai – 600 028, is appointed as an Arbitrator to enter upon reference and adjudicate / resolve the inter se dispute between the parties. https://www.mhc.tn.gov.in/judis 4/7 Arb.O.P.(Com.Div.)Nos.389 of 2023 batch etc
(viii) In Arb.O.P.(Com.Div)No.396 of 2023 Mr.P.M.N.Bhagavath Krishnan, Advocate, (Mobile No.:9566277892) residing at Flat No.1, Marvel Vasudev, No.11, Venkatesa Agraharam Street, Mylapore, Chennai – 600 004, is appointed as an Arbitrator to enter upon reference and adjudicate / resolve the inter se dispute between the parties.
3. The learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, endeavour to complete the arbitral proceedings and pass an award strictly in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as expeditiously as possible, preferably within a period of twelve months after the date of completion of pleadings under Sub-Section 4 to Section 23 as is contemplated in Section 29-A of the Arbitration and Conciliation Act, 1996, without getting influenced by any of the observations made by this Court in this order.
4. The learned Arbitrator appointed herein shall be paid fees and other incidental charges as may be fixed with the consent of parties or in accordance with the provisions of the Arbitration and Conciliation Act, https://www.mhc.tn.gov.in/judis 5/7 Arb.O.P.(Com.Div.)Nos.389 of 2023 batch etc 1996, and the same shall be borne by the parties equally. In case, the respondents remain ex parte, the petitioner shall pay the entire fee and other incidental charges to the respective Arbitrator and later recover the same from the respective respondents in the respective cases.
5. The parties are at liberty to workout the venue for Arbitration at Chennai.
6. These Original Petitions are allowed with the above observations, leaving the parties to bear their own costs. Consequently, connected applications are closed.
7. Since the Court has appointed an Arbitrator, it is open to the petitioner as well as the respondents to seek other reliefs under Section 17 of the Arbitration and Conciliation Act, 1996, before the learned Arbitrator.
30.11.2023
jas
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
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Arb.O.P.(Com.Div.)Nos.389 of 2023 batch etc C.SARAVANAN, J.
jas Arb.O.P.(Com.Div.)Nos.389, 390, 391, 392, 393, 394, 395 and 396 of 2023 and A.Nos.4332 to 4334, 4337, 4338, 4340, 4342 and 4345 of 2023 30.11.2023 https://www.mhc.tn.gov.in/judis 7/7