Allowed

M/s.Compass Engineering, Rep.by its Managing Partner, Mr.Chandrakanth Reddy, v. M/s.I.K.Building Solutions, Rep.by its Manager Mr.Afroz Khan

Madras HC19 Oct 2022Arb O.P(COM.DIV.)/385/2022

Case brief

AI extract

What is this about?

In this arbitration original petition, the High Court of Madras allowed the petitioner's application to appoint a sole arbitrator. Relying on the agreement's dispute resolution clause and the parties' consent following a Section 21 notice, the court appointed Mr. Rohan K. George as the arbitrator to adjudicate the dispute under the Arbitration and Conciliation Act, 1996.

What did the court decide?

Appointment of Mr. Rohan K. George as the sole arbitrator to adjudicate the dispute.

M/s.Compass Engineering, Rep.by its Managing Partner… — Arbitration | Madras HC (2022)

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Arb.O.P.(Comm.Div.) No.385 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.10.2022

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CORAM

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THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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Arb.O.P.(Comm.Div.) No.385 of 2022

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M/s.Compass Engineering Having Office at No.102, 8-2-603/23/9/10, Banjara Hils, Hyderabad - 34 Represented by its Managing Partner Mr.Chandrakanth Reddy

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... Petitioner

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vs.

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M/s.I.K.Building Solutions, Having address at Sy.No.94/2A, Kaganur Village, Sevaganapally Post, Hosur Taluk, Krishnagiri District, Tamil Nadu Represented by its Manager Mr.Afroz Khan ... Respondent

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PRAYER : Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, pleased to appoint a sole arbitrator

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

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Arb.O.P.(Comm.Div.) No.385 of 2022

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to resolve the disputes between the parties herein with respect to the 'Supply

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Contract Agreement' dated 02.12.2020 read with Purchase Order dated 02.12.2020.

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For Petitioner : Mr.P.R.Raman, Senior Advocate for Mr.C.Seethapathy

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For Respondent : Ms.Anbarasi Rajendran for M/s.AAV Partners

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O R D E R

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The petitioner seeks constitution of an arbitral tribunal to resolve the dispute arising out of the Supply Contract between the petitioner and the respondent. The petitioner refers to and relies upon clause (f) of Section 10 of the Agreement, which contains the dispute resolution clause, and reads as

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under:

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"(f) Governing Law, Arbitration & Dispute Resolution:

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This agreement shall be construed and enforced in accordance with and under the laws of the Government of

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

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Arb.O.P.(Comm.Div.) No.385 of 2022

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India. Both parties agree that in case of any difference or dispute arising between the SELLER and the BUYER will be resolved by mutual discussions and agreement. However, unresolved issues, if any, will be settled by arbitration as per the Indian Arbitration and Conciliation Act, and th venue of the arbitration, will be Hosur, Tamil Nadu, India."

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After issuing a notice dated 22.03.2022 under Section 21 of the Arbitration

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and Conciliation Act, 1996 (the Arbitration Act), the present petition is filed.

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Learned counsel for the respondent is present. On instructions, she

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submits that the claims made by the petitioner are denied on multiple grounds. Without prejudice, the respondent agrees to the reference of the dispute to arbitration.

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Both parties agree that the contract executed by them contains an arbitration clause. A Section 21 notice was issued and the said notice was replied to upon receipt by denying the claims made therein. In these circumstances, the petitioner is entitled to succeed.

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

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Arb.O.P.(Comm.Div.) No.385 of 2022

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Consequently, Arb.O.P.(Comm.Div.) No.385 of 2022 is allowed by appointing Mr.Rohan K.George, Advocate, No.24, East Club Road, Shenoy Nagar, Chennai - 30 (Mobile No.9710286750) as the sole arbitrator. The sole arbitrator is requested to enter upon reference and adjudicate the dispute. The fees and expenses in relation to the arbitral proceedings may be decided in consultation with the parties.

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19.10.2022

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rna Index : Yes / No Internet : Yes / No

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

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Arb.O.P.(Comm.Div.) No.385 of 2022

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SENTHILKUMAR RAMAMOORTHY,J