The Court set aside an arbitral award filed under Section 34 of the Arbitration and Conciliation Act, accepting the parties' submission for the appointment of Hon'ble Mr. K.P. Subramaniam as the sole arbitrator to decide the dispute afresh.
The entire award is set aside; Mr. K.P. Subramaniam is appointed as sole arbitrator.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2019
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
O.P. No. 1000 of 2018
Vipin Agarwal ... Petitioner
Vs.
1.Cholamandalam Investment and Finance Company Ltd.,
Dare House, No.2, N.S.C.Bose Road, Parrys,
Chennai 600 001.
2.Vistar Metal Industries Pvt. Ltd.,
(Formerly known as Shree Vaishnav Wire & Rod Pvt.Ltd
401/403, Coral Classic C.H.S
Road No.20, Behind ICICI Bank,
Chembur, East,
Mumbai-400 071.
3.Mr.P.Ganesan ... Respondents
Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (as amended), to set aside the impugned Arbitral Award purportedly dated 02.04.2018 bearing Case No.CIFCL/ARB/L-XVI/510.
For Petitioner : Mr.M.S.Krishnan, Senior Counsel for M/s.Roshan Balasubramanian For Respondent : Mr.S.Namasivayam
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ORDER
This petition has been filed by the petitioner challenging the award
dated 02.04.2018.
petitioner elaborately. Respondent counsel also fairly submitted that certain errors have crept in the Award and hence the Award is not according to law. Therefore, the entire award can be set aside and fresh Arbitrator can be appointed, leaving open all the issues to be decided afresh by Arbitrator.
Retired Hon'ble Judge of this Court may be appointed as Arbitrator in this matter.
petitioner has no objection.
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based on the notice dated 04.10.2017 prior to reference to Arbitration by
Hon'ble Bombay High Court.
entire award is set aside and Mr.K.P.Subramaniam, Former Judge of this Court is appointed as sole Arbitrator to decide the issues between the parties. It is left open to the parties to raise all issues before the Arbitrator. The fees of the learned Arbitrator shall be paid as per the rules of the The Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrators’ Fees) Rules, 2014.
of. No costs.
18.07.2019
sk
Note:Issue order copy on 23.07.2019. Index : Yes/ No Internet : Yes/ No
Copy to:
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Mr.K.P.Subramaniam, Retired Hon'ble Judge.
N.SATHISH KUMAR, J.
sk
O.P. No. 1000 of 2018
18.07.2019
2 issues framed by the court
Whether to set aside the impugned arbitral award and appoint a sole arbitrator.
Whether the petitioner objects to the appointment of the proposed former Judge as the sole arbitrator.
2 provisions across 2 enactments
Vipin Agarwal
Cholamandalam Investment and Finance Company Ltd.
Vistar Metal Industries Pvt. Ltd.
Mr. P. Ganesan
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
