Mr.M.K.Dass (Deceased) v. M/s.Shriram City Union Finance Limited

Madras HC22 Jun 2022Arb O.P(COM.DIV.)/252/2022

Case brief

AI extract

What is this about?

The court appointed Mr. Arun Karthik Mohan as a sole arbitrator to replace the existing arbitrator in a dispute arising under a loan agreement. The appointment is to be made under the Madras High Court Arbitration Centre rules without expressing any view on the substantive contentions regarding the challenge to the previous arbitrator.

What did the court decide?

Appointment of Mr. Arun Karthik Mohan as sole arbitrator to adjudicate disputes under the loan agreement dated 07.10.2016.

Mr.M.K.Dass (Deceased) Vs M/s.Shriram City Union Finance Limited — Arbitration | Madras HC (2022)

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Arb.O.P (Com.Div.) No.252 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.06.2022

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CORAM

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THE HON'BLE MR. JUSTICE M.SUNDAR

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Arb.O.P (Com.Div.) No.252 of 2022

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D.Aruna W/o.M.K.Dass

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Prakash M.D. S/o.M.K.Dass

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Sneha M.D D/o.M.K.Dass ... Petitioners Vs.

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M/s.Shriram City Union Finance Limited Having its office at No.12, Ramaswamy Street, T.Nagar Chennai-600 017. Represented by its Authorised Signatory

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Dr.S.S.P.Darwesh Sole Arbitrator "Thakkars Villa" No.15/33, Sreenivasa Achari Street Perambur, Chennai-600 101. ... Respondents Arbitration Original Petition filed under Section 11(6) of the

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Arbitration and Conciliation Act, 1996,

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https://www.mhc.tn.gov.in/judis

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Arb.O.P (Com.Div.) No.252 of 2022

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(a) Terminate the mandate of the 2nd respondent, the Sole Arbitrator Dr.S.S.P.Darwesh and appoint an independent sole Arbitrator to adjudicate the disputes between the parties with reference to Terms and Conditions of the Loan Agreement dated 07.10.2016;

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(b) Direct the respondents to pay costs;

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For Petitioners : Ms.S.Anuradha Balaji For Respondents : Mr.R.Umashankar of M/s.Sri and Shankar Associates

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O R D E R

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Ms.S.Anuradha Balaji, learned counsel, who is before this Court

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submits that the captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] has been filed with a prayer for termination of mandate of second respondent and appointment of an independent sole Arbitrator inter alia under Sections 14(2) and 11(6) of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)', which shall hereinafter be referred to as 'A and C Act' for the sake of brevity and convenience.

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Learned counsel submits that the captioned Arb OP is predicated

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on unilateral appointment inter alia by interested party argument. What is

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Arb.O.P (Com.Div.) No.252 of 2022

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of significance is, learned counsel submits at the Bar that post presentation

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of the captioned Arb OP in this Court, the second respondent proceeded

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with the arbitration, the petitioners appeared before the Arbitrator through counsel in April 2022 and filed a memo bringing to the notice of Arbitrator presentation of the captioned Arb OP in this Court. Learned counsel submits that the second respondent has very fairly stated that he would await the verdict of this Court and has put the arbitration proceedings on hold.

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Mr.R.Umashankar, learned counsel of M/s.Sri and Shankar

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Associates (Law Firm) who is present before this Court was directed by this

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Court to accept notice on behalf of first respondent. Learned counsel accepted notice.

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Without expressing any view on the contentions raised, it was suggested by both sides that to put an end to the controversy, it would be desirable to have an Arbitrator from the panel of Madras High Court Arbitration Centre to be appointed as Arbitrator.

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Arb.O.P (Com.Div.) No.252 of 2022

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Considering the quantum of claim and the nature of disputes it

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would be desirable to have a member of the Bar appointed as Arbitrator is their further common say.

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Mr.Arun Karthik Mohan, learned Advocate, residing at New No.161/1, Kanakashree Apartments, 1st Floor, V.M.Street, Jagadambal Colony, 2nd Street, Royapettah, Chennai-600 014, Mobile No.8754463801, E-mail Id : [email protected], is appointed as sole Arbitrator. Learned Arbitrator is requested to enter upon reference qua loan agreement dated 07.10.2016, adjudicate arbitrable disputes that have arisen between the parties and render an award by holding sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC), as per Madras High Court Arbitration Proceedings Rules 2017 and fee of the learned Arbitrator shall be as per Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees) Rules 2017.

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7. Though obvious, it is made clear that this Court is not expressing any view or opinion on the contentions that have been raised. It is also made clear that this order will not have any reflection on the second respondent. Change in Arbitrator is only as a matter of good order owing to captioned

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Arb.O.P (Com.Div.) No.252 of 2022

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Arb OP and therefore, this order will not be put against the second

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respondent in any manner. A copy of this order shall be communicated by

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the Registry to second respondent. It is also open to both sides to file a

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memo before the second respondent to bring to his notice this order of this Court.

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8 . Captioned Arb OP disposed of in the aforesaid manner. There shall

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be no order as to costs.

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22.06.2022

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Index: Yes/no Speaking/non-speaking

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Note: Registry to communicate this order forthwith to:

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Mr.Arun Karthik Mohan, Advocate, New No.161/1, Kanakashree Apartments, 1st Floor, V.M.Street, Jagadambal Colony, 2nd Street, Royapettah, Chennai-600 014, Mobile No.8754463801, E-mail Id : [email protected]

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The Director

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Tamil Nadu Mediation and Conciliation Centre -cum- Ex Officio Member, Madras High Court Arbitration Centre

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Madras High Court, Chennai – 600 104.

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M.SUNDAR.J.,

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Arb.O.P (Com.Div.) No.252 of 2022

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Arb.O.P (Com.Div.) No.252 of 2022

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22.06.2022

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Mr.M.K.Dass (Deceased) v. M/s.Shriram City Union Finance Limited

Case brief

What is this about?

What did the court decide?

Mr.M.K.Dass (Deceased) v. M/s.Shriram City Union Finance Limited

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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