Madras High Court
M/S.Kone Elevator India Private ... vs Mr.Sanjay Suryanarayana on 9 December, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Arbitration Original Petition (Com.Div.) No.646 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Arbitration Original Petition (Com.Div.) No.646 of 2025
M/s.Kone Elevator India Private Limited (KEIPL)
Rep. By its Director – Corporate Affairs & Company Secretary,
Shri C.V.S.Krishna Kumar
Having Corporate Office at
th
Prestige Centre Court, 9 Floor, The Forum Vijaya Mall,
Plot No.183, NSK Salai, Arcot Road,
Vadapalani,
Chennai – 600 026, Tamil Nadu, India. .... Petitioner
Vs.
Mr.Sanjay Suryanarayana,
Managing Partner, M/s.Maangalya Constructions
Villa G40A, Phase 1 Bridade Atmosphere,
Sy No.12, State Highway 96, Laxmipura,
Devenhalli, Bangalore – 562 110.
Email: [email protected]
[email protected]
[email protected] .... Respondent
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Arbitration Original Petition (Com.Div.) No.646 of 2025
Arbitration Original Petition (Com.Div.) filed under Section 11(6)
(a) & (c) of the Arbitration and Conciliation Act, 1996, read with Rule 2
to appoint a Sole Arbitrator in line with the Arbitration Clause provided in
the Dispute Resolution Provision in the DSEITC Agreement for Design,
supply, Erection, Installation, Testing and Commissioning of Elevators
dated 31.05.2019.
For Petitioner : Ms.Sangamithra Loganathan
*****
ORDER
This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [for brevity 'the Act'] for appointment of an Arbitrator to decide the dispute and differences between the petitioner and the respondent in terms of the DSEITC Agreement dated 31.05.2019.
2. When the matter came up for hearing on 31.10.2025, this Court passed the following order:
“This original petition has been filed under Section 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/12/2025 03:56:37 pm ) Arbitration Original Petition (Com.Div.) No.646 of 2025 11 (6) of the Arbitration and Conciliation Act, 1996 seeking to appoint a Sole Arbitrator in line with the Arbitration Clause provided in the Dispute Resolution Provision in the DSEITC Agreement for Design, supply, Erection, Installation, Testing and Commissioning of Elevators dated 31.05.2019.
2. The trigger notice under Section 21 of the Arbitration and Conciliation Act has been issued on 07.10.2024.
3.Notice to the respondent returnable by 24.11.2025. Private notice is also permitted.
5.Post this case on 24.11.2025.”
3. When the matter came up for hearing on 01.12.2025, this Court passed the following order:
“Affidavit of service has been filed and it is seen that private notice has been sent to known five addresses of the respondent and one of them has been returned with an endorsement ‘refused’. Hence, there is a deemed service on respondent.
2. Registry is directed to verify as to whether any vakalath 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/12/2025 03:56:37 pm ) Arbitration Original Petition (Com.Div.) No.646 of 2025 has been filed on behalf of respondent, else the name of respondent shall be printed in the cause list.
Post this petition on 08.12.2025.”
3. The private notice has been sent to the five known addresses of the respondent and one of them has been returned with an endorsement “refused” and affidavit of service has also been filed. As the notice has been sent to the address given in the agreement, there is a deemed service on the respondent and the respondent is neither present nor represented through counsel. This Court finds that there is a valid agreement between the parties in line with Section 7 of the Act. The agreement also provides for arbitration.
5. In view of the above, this Court is inclined to proceed further and appoint Sole Arbitrator and refer the dispute between the petitioner and the respondent to the Sole Arbitrator, which will be dealt with on its own merits and in accordance with law.
N.ANAND VENKATESH, J.
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6. In the light of the above discussion, this Court appoints Mr.A.K.Rajaraman, Advocate, No.29, Karpagambal Nagar, Mylapore, Chennai – 600 004. [Mobile No.94872 67642], as the sole Arbitrator and the sole Arbitrator is requested to adjudicate the arbitral disputes that had arisen between the parties and render arbitral award by holding sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 and fee of Sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees) Rules 2017.
Accordingly, this petition is disposed of.
09.12.2025 Index:yes/no Speaking order/Non-speaking order NCC:yes/no mp 5/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/12/2025 03:56:37 pm ) Arbitration Original Petition (Com.Div.) No.646 of 2025 Arbitration Original Petition (Com.Div.) No.646 of 2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/12/2025 03:56:37 pm )