Allowed

mr.v.Madhava Rao, s/o. mr.laksman rao, v. M/s.Green Tree Homes and Ventures Private Ltd.

Madras HC26 Aug 2021OP/270/2021

Case brief

AI extract

What is this about?

The Madras High Court, in an original petition under Section 11 of the Arbitration and Conciliation Act, 1996, appointed a retired judge as the sole arbitrator to resolve disputes between the petitioner and respondent regarding a residential development agreement.

What did the court decide?

Appointment of Hon'ble Mr. Justice A. Ramamurthi as the sole arbitrator; incidental orders regarding fees and timeline for the award.

mr.v.Madhava Rao, s/o. mr.laksman rao, Vs M/s.Green Tree Homes… — Arbitration | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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THURSDAY, THE 26^th DAY OF AUGUST 2021

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THE HON'BLE MR. JUSTICE N.SATHISH KUMAR

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O.P. No.270 of 2021

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In the matter of Arbitration and Conciliation Act, 1996 And

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In the matter of disputes between Mr.V.Madhava Rao and M/s.Green Tree Homes and Ventures Private Ltd.

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Mr.V.Madhava Rao S/o.Mr.Lakhsman Rao, Flat No.602, Shanthi Park Apartments, Jaya Nagar 9^th Block East, Bangalore 560 069. . . . Petitioner

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Versus

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M/s.Green Tree Homes and Ventrues Private Ltd., Rep. by its Director Mr.Sathyamoorthy No.13 Sreeman Srinivasan Road, Alwarpet, Chennai – 600 018.

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. . . Respondent Original Petition praying that this Hon'ble Court be pleased to appoint a sole arbitrator to resolve the disputes among the parties arising out of the Development Agreement dated 15.09.2011 and Agreement for allotment of flat dated 29.11.2012.

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This Original Petition coming on this day before this court for hearing in the presence of Mr.V.Chandraprabu, advocate for the petitioner herein

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and the respondent herein not appearing in person or by advocate and upon

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https://hcservices.ecourts.gov.in/hcservices/

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reading the petition and the Affidavit of V.Madhava Rao filed herein,

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it is ordered as follows:-

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That the Honourable Mr.Justice A.Ramamurthi, Judge [Retd.], High

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Court, Madras, residing at Plot No.9, [HIG], TNHB Phase-II, Nolambur, Mogappair West, Chennai – 600 037, Mobile 94440 66306 be and is hereby appointed as the Arbitrator to enter upon reference and adjudicate the disputes inter se the parties.

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That the learned Arbitrator appointed herein, shall, 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 a copy of this order.

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That the respondent herein shall be at liberty to raise all the legal objections as to the validity of the Contract.

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That the learned Sole Arbitrator appointed herein shall fix his fees and other incidental charges and the same shall be borne by the parties equally.

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That both the parties hereto shall bear their own costs.

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 26^th DAY OF AUGUST 2021.

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Sd./-

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ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.) https://hcservices.ecourts.gov.in/hcservices/ From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KY-06.09.2021

O.P.No.270 of 2021

ORDER

DATED: 26.08.2021

THE HON'BLE MR. JUSTICE N.SATHISH KUMAR

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FOR APPROVAL: 07.9.2021

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APPROVED ON : 08.9.2021

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Copy to:

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The Honourable Mr.Justice A.Ramamurthi, Judge [Retd.], High Court, Madras, residing at Plot No.9, [HIG], TNHB Phase-II, Nolambur, Mogappair West, Chennai – 600 037, Mobile 94440 66306.

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(With covering letter)

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https://hcservices.ecourts.gov.in/hcservices/

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THE HIGH COURT OF JUDICATURE AT MADRAS

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Date 26.08.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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O.P.No.270 of 2021

Mr.V.Madhava Rao

. . . Petitioner

Versus

M/s.Green Tree Homes and Ventrues Private Ltd., Rep. by its Director Mr.Sathyamoorthy No.13 Sreeman Srinivasan Road, Alwarpet, Chennai – 600 018. . . . Respondent

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PRAYER : Petition filed under Sections 11[6] of Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator to resolve the disputes among the parties arising out of the Development Agreement dated 15.09.2011 and Agreement for allotment of flat dated 29.11.2012.

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For petitioner : Mr.V.Chandraprabu

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For respondent : No appearance

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O R D E R

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This Original Petition has been filed to appoint a sole arbitrator to https://hcservices.ecourts.gov.in/hcservices/ resolve the dispute arising out of the Development Agreement dated

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15.09.2011 and Agreement for allotment of flat dated 29.11.2012 entered

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between the petitioner and the respondent.

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Despite service of notice and name printed in the cause list, none appeared for the respondent.

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Accordingly, it is ordered as follows:

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i) that Honourable Mr.Justice

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A.Ramamurthi, Judge [Retd.], High Court, Madras, residing at Plot No.9, [HIG], TNHB Phase-II, Nolambur, Mogappair West, Chennai – 600 037, Mobile 94440 66306 is appointed as the arbitrator to enter upon reference and adjudicate the disputes inter se the parties.

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ii] That the learned Arbitrator appointed herein, shall 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. It is open to the respondent to raise all the legal objections as to the validity of the Contract.

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https://hcservices.ecourts.gov.in/hcservices/

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iii] That the learned Sole Arbitrator appointed

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herein shall fix his fees and other incidental charges

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and the same shall be borne by the parties equally.

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This Original Petition is ordered accordingly, leaving the

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parties to bear their own costs.

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Sd./-N.S.K.J., 26.08.2021

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//Certified to be true copy// Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

mr.v.Madhava Rao, s/o. mr.laksman rao, v. M/s.Green Tree Homes and Ventures Private Ltd.

Case brief

What is this about?

What did the court decide?

mr.v.Madhava Rao, s/o. mr.laksman rao, v. M/s.Green Tree Homes and Ventures Private Ltd.

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

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