Madras High Court
Medall Scans And Labs Private Limited vs Trust Healthcare Service on 20 October, 2021
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
Arb.O.P.No.152 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 20/10/2021
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Arb. O.P. No. 152 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
Trust Healthcare Service,
Partnership firm,
represented by its Managing Partner,
Mrs.Brindha A.Brighton,
No.50,Marvel River View 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, in terms of the agreement dated 15.11.2014
entered into between the petitioner and the respondents, for the purpose of
adjudicating upon the disputes that have arisen between the petitioner and the
respondents.
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Arb.O.P.No.152 of 2021
For Petitioner : Mr.Srinath Sridevan
For Respondent : No Appearance
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ORDER
This Arbitration Original Petition has been filed to appoint an arbitrator, in terms of the agreement, dated 15/11/2014 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 https://www.mhc.tn.gov.in/judis/ Arb.O.P.No.152 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 https://www.mhc.tn.gov.in/judis/ Arb.O.P.No.152 of 2021 N. SATHISH KUMAR, J mvs.
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