Madras High Court
Flsmidth Private Limited vs Sical Iron Or And Terminals Limited on 18 August, 2021
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
Arb. O.P. (Com. Div.) No. 89 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2021
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
Arb. O.P. (Com. Div.) No.89 of 2021
FLSmidth Private Limited,
represented by its Authorised Signatory,
Mrs.Aarthy Yuvaraj,
FLSMidth House, No.34, Egatoor,
Kelambakkam Rajiv Gandhi Salai (OMR),
Chennai-603 103. ... Petitioner
Vs.
Sical Iron Or and Terminals Limited,
represented by its Authorised Officer,
No.73, Armenian Street,
Chennai-600 001. ... Respondent
PRAYER : Original Petition is filed under Section 11(4) of the Arbitration
and Conciliation Act, 1996, praying to appoint/nominate any retired judge of
this Hon'ble Court as nominee arbitrator of the Respondent to resolve the
disputes and differences between the parties arisen out of the agreeement and
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Arb. O.P. (Com. Div.) No. 89 of 2021
direct the Arbitrators to appoint a Presiding Arbitrator within a time frame to
be fixed by this Hon'ble Court.
For Petitioner : Mr.Vijay Narayan for
M/s.Shree Law Services
For Respondent : Mr.S.Gopinathan
ORDER
(This case has been heard through video conference) This Original Petition has been filed seeking for appointment of Sole Arbitrator to resolve the dispute between the parties arising out of and pursuant to the Contract dated 13.08.2018 and both the parties are governed by the terms of contract, which requires for referring the matter for arbitration.
2. Heard the learned counsel for the petitioner and the respondent through video conferencing.
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3. In view of the fact that both sides agreed to appoint independent Sole Arbitrator, and having regard to the Contract dated 13.08.2018 entered into between the parties, it is ordered as follows :
i) Honourable Mrs. Justice CHITRA VENKATARAMAN, Former Judge, Madras High Court, residing at No.17B/31, IV Main Road, R.A.Puram, Chennai-
600 028, Contact No. 98409 90000 email ID :-
[email protected] is appointed as the Arbitrator to enter upon reference and adjudicate the disputes inter se the parties.
ii] That 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.
iii] That the learned Sole Arbitrator appointed herein shall be paid fees and other incidental charges, fixed by her and the same shall be borne by the parties equally. 3 of 4 http://www.judis.nic.in Arb. O.P. (Com. Div.) No. 89 of 2021
4. This Original Petition is ordered accordingly, leaving the parties to bear their own costs.
18.08.2021 rpp/mka To Honourable Mrs. Justice CHITRA VENKATARAMAN, Former Judge, Madras High Court, No.17B/31, IV Main Road, R.A.Puram, Chennai-600 028.
Contact No. 98409 90000 4 of 4 http://www.judis.nic.in Arb. O.P. (Com. Div.) No. 89 of 2021 N. SATHISH KUMAR, J.
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