In this O.P., the Madras High Court, upon the mutual consent of both parties, appointed retired judge Mr. Justice N.V. Balasubramaniam as the Sole Arbitrator to adjudicate disputes arising from a Joint Venture agreement.
Appointment of Mr. Justice N.V. Balasubramaniam as Sole Arbitrator with remuneration and expenses to be borne equally.
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 19.01.2018
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
O.P. No.631 of 2017
Mrs.Shankari Narasimha Reddy, w/o Dr.T.Narasimha Reddy, No.38, Old No.59 A, Vinayagar Koil Street, Venkatapuram, Saidapet, Chennai – 600 015. .. Petitioner -vs-
M/s.XS Real Properties Pvt Ltd, Represented by its Managing Director No.12, South Mada Street, Srinagar Colony, Saidapet, Chennai – 600 015.
.. Respondent
Prayer: Petition filed under Section 11(6)(a) of the Arbitration & Conciliation Act, 1996 to appoint a Sole Arbitrator to adjudicate the disputes arising between the petitioner and the respondent pursuant to the Arbitration clause 8.6 of the agreement dated 29.10.2010.
For Petitioner : Mr.C.V.Shyam Sunder For Respondent : Mr.Suresh
This petition seeks appointment of a Sole Arbitrator to resolve the disputes between the petitioner and respondent in line with the
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Arbitration clause contained in the Joint Venture agreement dated 29.10.2010.
request is accepted and the matter left for decision by the learned
Arbitrator along with the parties.
3.Both learned counsel agree that
Mr.Justice.N.V.Balasubramaniam, Retired Judge, be appointed as Sole Arbitrator.
4.I, thus, appoint MrJustice.N.V.Balasubramaniam, Retired
Judge, residing at Residency Dhanam, Door No.17/8, V Trust Cross
Street, Mandavelikpakkam, Chennai-600 028, (Mob.No.9442453399) as the Sole Arbitrator to enter upon reference and adjudicate the disputes inter se the parties. The learned Arbitrator 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
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liberty to fix his remuneration and other incidental expenses that shall be borne by both parties equally.
19.01.2018
msv
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Dr.Anita Sumanth,J. msv
O.P. No.631 of 2017
19.01.2018
1 issue framed by the court
Whether the petition under Section 11 of the Arbitration Act to appoint a sole arbitrator under the mutual consent of parties should be allowed.
1 provisions across 1 enactments
Mrs. Shankari Narasimha Reddy, w/o Dr. T. Narasimha Reddy
M/s. XS Real Properties Pvt Ltd
Dr. Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
