S.Siva v. B.Satyamurthy
Case brief
What is this about?
Single judge order appointing a sole arbitrator in a Joint Development Agreement dispute where parties could not agree on the arbitrator. The High Court interpreted the arbitration clause and allowed the petition.
What did the court decide?
Appointment of Mr. R.Muthukumaraswamy, Senior Advocate, as the Sole Arbitrator appointed by the High Court.
What the court decided
1
In the High Court of Judicature at Madras
Dated : 06.03.2015
Coram :
The Hon'ble Mr.Sanjay Kishan Kaul, Chief Justice
O.P.No.806 of 2012
1.S.Siva 2.S.Vijayakannan 3.K.Subash
.. Petitioners
-vs-
1.R.Aravindan
2.N.Bhupesh
.. Respondents
Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, to appoint an Arbitrator to adjudicate the disputes that had arisen between the petitioners and the respondents.
Issues for consideration
2 issues framed by the court
Whether the court has jurisdiction to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when parties cannot agree on the appointment.
Whether the outcome of earlier proceedings under Section 9 of the Act influences the current application under Section 11.
Parties & counsel
- petitioner
S.Siva and others
- respondent
R.Aravindan
- respondent
N.Bhupesh
Coram
Case details
As recorded by the court registry
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