Allowed

Dr.C.Devadoss v. M/s.Sare Jubilee Shelters Pvt.

Madras HC13 Mar 2018OP/546/2017

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras allowed an original petition filed under Section 11 of the Arbitration and Conciliation Act 1996. The court appointed Mr. V. Balasubramaniam, a Panel Advocate, as the sole arbitrator to adjudicate disputes between the petitioner and respondent arising from their sale and construction agreement.

What did the court decide?

Appointment of Mr. V. Balasubramaniam as sole arbitrator; petitioner costs left to parties' own.

Dr.C.Devadoss Vs M/s.Sare Jubilee Shelters Pvt. — Arbitration | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 13.03.2018

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CORAM

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH

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O.P.No.546 of 2017

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Dr. C.Devadoss .. Petitioner -vsM/s. Sare Jubilee Shelters Private Limited, First Floor -SKCL Icon, C-42 and C43, CIPET Road, Thiru – Vi-Ka Industrial Estate, Guindy, Chennai 600 032. .. Respondent

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Prayer: Petition filed under Section 11 of the Arbitration and Conciliation Act 1996 praying to appoint suitable qualified person as Arbitrator in terms of the sale and construction agreement dated 23.3.2012 to adjudicate the disputes between the petitioner and the respondent.

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This application seeks the appointment of a sole arbitrator to adjudicate upon and resolve the disputes arising from Sale and Consideration Agreement dated 23.3.2012.

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Heard Ms.P.Pooja appearing for the petitioner and Mr.M.Sriram

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appearing for the respondent.

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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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The parties have entered into an agreement on 23.3.2012 for

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construction and sale of an apartment in Chennai. The agreement provides for arbitration as a mode of resolution of disputes, at clause 19 thereof. Though the clause provides for the appointment of an arbitral tribunal, both learned counsel would request that a sole arbitrator be appointed.

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By consent, they request that a Panel Advocate be appointed as sole arbitrator.

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I thus appoint Mr.V.Balasubramaniam, Advocate to enter upon

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reference, issue notice and hear the parties. The learned Arbitrator is at liberty to fix his remuneration as well as schedule of expenses which shall be borne by both parties equally. The proceedings may be conducted

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under the aegis of the Madras High Court Arbitration Centre and in accordance with the Madras High Court Arbitration Rules as per request of both learned counsel.

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

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13.3.2018

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msr

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http://www.judis.nic.in

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O.P.No.546 of 2017

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Mr.V.Balasubramaniam, Advocate,

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31/75, Venkatesh Bhavan,

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I Floor, Armenian Street,

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Chennai-1. (Mob: 9789066272)

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http://www.judis.nic.in

Dr.C.Devadoss v. M/s.Sare Jubilee Shelters Pvt.

Case brief

What is this about?

What did the court decide?

Dr.C.Devadoss v. M/s.Sare Jubilee Shelters Pvt.

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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