Allowed

Mr.Venkatasesha Sathyamurthy v. M/s Dlf Building India

Madras HC22 Nov 2017OP/505/2017

Case brief

AI extract

What is this about?

On consent of parties, the court appointed Mr. Nithyaesh Natraj as sole arbitrator to adjudicate disputes under the Apartment Buyer's Agreement under Section 11(6) of the Arbitration and Conciliation Act, 1996. Subsequently, due to conflict of interest of the earlier appointee, Mr. Richardson Wilson was appointed as arbitrator.

What did the court decide?

Appointment of Mr. Nithyaesh Natraj as sole arbitrator, subsequently amended to appoint Mr. Richardson Wilson due to conflict of interest.

Mr.Venkatasesha Sathyamurthy Vs M/s Dlf Building India — Arbitration | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 22.11.2017

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CORAM

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THE HON'BLE DR.JUSTICE ANITA SUMANTH

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O.P.No.505 of 2017

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Mr.Venkatasesha Sathyamurthy Avva, residing at Tower 5,

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Flat 073, DLF Garden City,

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Thazhambur, Chennai 600 130. .. Petitioner

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Versus

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M/s. DLF Building India, Southern Home Private Ltd., represented by its Managing Director, Old No.828, New No.268, Poonamallee High Road, Kilpauk,

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Chennai 600 010. .. Respondent

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Original Petition filed under section 11(6) of the Arbitration and Conciliation Act, 1996 praying to appoint a suitable qualified person as a Sole Arbitrator in terms of the Apartment Buyer's Agreement dated 10.12.2009 to adjudicate the disputes between the petitioner and the respondent.

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For Petitioner : Ms.Pooja

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For Respondent : Mr. Jayesh B.Dolia

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http://www.judis.nic.in

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DR. ANITA SUMANTH, J.

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msr

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ORDER

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Upon consent of both parties Mr. Nithyaesh Natraj, Advocate, having his

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office at No.4-9/1, 2nd Floor, Kambar Street, Kalakshetra Colony, Besant Nagar,

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Chennai 600 090 (Mobile: 9940052222) is appointed as sole arbitrator to enter upon reference and adjudicate 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 this order. The Arbitrator is at liberty to fix his remuneration and other incidental expenses that may be borne by both parties equally.

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2.The Original Petition is, accordingly, allowed, leaving the parties to bear their own costs.

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22.11.2017

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Speaking/Non speaking order Index: Yes/No msr

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http://www.judis.nic.in

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O.P.No.505 of 2017

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DR. ANITA SUMANTH, J.

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The matter is taken up for hearing today under the caption 'for being spoken to'.

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Since some conflict of interest is cited by the counsel earlier appointed
as sole arbitrator, Mr. Richardson Wilson, Advocate, is appointed as Arbitrator in
place of the counsel appointed earlier to enter upon reference and adjudicate
disputes inter se the parties.
3. Order dated 22.11.2017 remains unaltered in all other respects.
4. Registry to issue amended order copy.
29.11.2017
msr

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http://www.judis.nic.in

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DR.ANITA SUMANTH,J.

msr

O.P.No.505 of 2017

29.11.2017

http://www.judis.nic.in

Mr.Venkatasesha Sathyamurthy v. M/s Dlf Building India

Case brief

What is this about?

What did the court decide?

Mr.Venkatasesha Sathyamurthy v. M/s Dlf Building India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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