This order appoints a retired judge as sole arbitrator to resolve disputes arising from a Letter of Understanding. The High Court allowed the petition filed under Section 11(4) after parties agreed during hearing on the arbitrator's identity.
Appointment of Dr. Justice P.Devadass, Retired Judge, as Sole Arbitrator to adjudicate disputes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.07.2017
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
O.P. No.395 of 2017
Qube Cinema Technologies Pvt. Ltd., rep. by Mrs.S.V.Prathima, Manager – Legal Compliance
.. Petitioner
-vs-
M/s.Pavalam Theatre Proprietor Mr.K.S.Murugesan Bros., Thenkarai, Periyakulam 625 601.
.. Respondent
Prayer: Petition filed under Section 11(4) of the Arbitration & Conciliation Act, 1996 to appoint a Sole Arbitrator to hear and decide the dispute amongst the parties arising out of the Letter of Understanding dated 27.07.2009.
For Petitioner : Mr.Gaurav Chatterjee
For Respondent : Mr.Seshachari
O R D E R
This petition seeks appointment of a Sole Arbitrator to resolve the disputes between the petitioner and respondent arising out of Letter of Understanding dated 27.07.2009. Admittedly the aforesaid Letter of Understanding provides for the resolution of disputes between parties by Arbitrator in terms of Clause 32 thereof.
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2.The letter of the petitioner dated 15.07.2016 invoking the clause for arbitration did not receive a response from the respondent. Hence the present petition.
3.When the matter is called for hearing today, both the learned counsel agreed that Dr.Justice P.Devadass, retired Judge of this Court be appointed as Sole Arbitrator in the matter.
4.I, thus, appoint Dr.Justice P.Devadass, Retired Judge, residing at No.10, 'Pasumai Illam', Greenways Road, R.A.Puram, Chennai-600 028, as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties. He may, 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. The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses. The proceedings may be conducted under the aegis of the Madras High
Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules.
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5.The Original Petition is, accordingly, allowed, leaving the
parties to bear their own costs.
vga
21.07.2017
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Dr.ANITA SUMANTH,J.
vga
O.P. No.395 of 2017
21.07.2017
2 issues framed by the court
Whether a sole arbitrator may be appointed under Section 11(4) of the Arbitration & Conciliation Act, 1996 when parties mutually consent.
Whether the petitioner is entitled to appointment of an arbitrator after failure of respondent to reply to arbitration notice.
1 provisions across 1 enactments
Qube Cinema Technologies Pvt. Ltd.
M/s.Pavalam Theatre Proprietor Mr.K.S.Murugesan Bros.
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
