Madras High Court
V.O.Jayashree vs M/S.Bala Abirami Builders & Developers on 4 September, 2015
Author: Sanjay Kishan Kaul
Bench: Sanjay Kishan Kaul
In the High Court of Judicature at Madras Dated : 04.09.2015 Coram : The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice O.P.No.519 of 2015 V.O.Jayashree .. Petitioner -vs- M/s.Bala Abirami Builders & Developers (P) Ltd., ''Abirami Corporate Centre'', 16/16A, 3rd Cross Street, Nehru Nagar, OMR, Kottivakkam, Chennai, Rep. by its Director, C.Sivalingam. .. Respondent Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint an arbitrator to enter upon the reference and adjudicate the dispute that has arisen between the petitioner and the respondent company under the Agreement for Development dated 17.11.2010 and the notice issued by the petitioner dated 16.03.2015 and the reply given by the respondent dated 25.03.2015. For Petitioner : Mr.T.Venugopalan For Respondent : Served, no appearance * * * * * O R D E R
The Agreement for Development dated 17.11.2010 inter se the parties contains the following arbitration clause 6(vi) :
''In the event of any difference between the parties herein arising out of the terms of this agreement, the same shall be settled by a conciliation process. Upon failure of such settlement by such process, the matter shall be referred to arbitration. The parties may agree mutually to appoint an arbitrator and in case of lack of mutuality the provisions of Arbitration and Conciliation Act of 1996 shall govern the disputes of the parties.''
2.In view of the disputes inter se the parties, the petitioner invoked the arbitration clause vide notice dated 16.03.2015 proposing the name of a retired District and Sessions Judge as the Arbitrator. In the reply of the respondent dated 25.03.2015, there was declining of consent for appointment of the proposed sole Arbitrator.
3.In view of the aforesaid position, the present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996. The respondent has been served, but none has put in appearance. There is no reply and thus, it is a case of no return.
4.On perusing the pleadings and the documents, it is apparent that there is an agreement containing the arbitration clause, disputes have arisen and this Court would have the jurisdiction to pass the order, as the immovable property being situated in Chennai and the agreement also being executed in Chennai.
5.Thus, as proposed by learned counsel for the petitioner, I appoint Mr.N.V.Balasubramanian, a retired Judge of this Court, as the Sole Arbitrator to enter upon the reference and adjudicate the dispute inter se the parties. As requested by the learned counsel for parties, the arbitration proceedings will be conducted under the ageis of the Madras High Court Arbitration Centre and the parties will be governed by the Rules of the Centre.
6.The original petition is, accordingly, allowed, leaving the parties to bear their own costs.
(S.K.K., CJ.) 04.09.2015 sra The Hon'ble Chief Justice (sra) Note: Mark a copy to
(i) The Addl. Registrar-Vigilance Madras High Court Arbitration Centre, Madras High Court Campus, Chennai.
(ii)The Arbitrator, as referred above.
O.P.No.519 of 201504.09.2015