Allowed

Nec Corporation India Private Limited v. Bharathi Renganathan

Madras HC10 Nov 2022Arb O.P(COM.DIV.)/470/2022

Case brief

AI extract

What is this about?

In an arbitration original petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, the court allowed the appointment of a sole arbitrator to adjudicate a dispute arising under a lease deed between the parties.

What did the court decide?

The petition allowed by appointing Mr. Arun Karthik Mohan as the sole arbitrator to adjudicate the dispute.

Nec Corporation India Private Limited Vs Bharathi Renganathan — Arbitration | Madras HC (2022)

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Arb.O.P.(Comm.Div.) No.470 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.11.2022

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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.470 of 2022

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Nec Corporation India Private Limited (formerly known as NEC Technologies India Private Limited) represented by its Authorized Signatory Mr.Amar Kumar Sundram, having its registered office at A-31, First Floor, Lajpat Nagar, Part II New Delhi 110024, India and its corporate office at Unit No.C-1901, 19th Floor, Tower C Advant Navis Business Park, Plot No.7 Sector 142, Noida, Uttar Pradesh 201305, India. ... Petitioner vs.

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Bharathi Renganathan ... Respondent

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PRAYER : Arbitration Original Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, pleased to allow the present petition and appoint either of the petitioner's nominee arbitrators as sole arbitrator for the purpose of constitution of the arbitral tribunal to adjudicate the

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dispute that has arisen between the petitioner and the respondent under the

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

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Arb.O.P.(Comm.Div.) No.470 of 2022

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Lease Deed.

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For Petitioner : Mr.Vinod Kumar For Respondent : Ms.S.P.Arthi

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ORDER

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The petitioner seeks the constitution of an arbitral tribunal to resolve the disputes arising between the parties under the Lease Deed dated 26.09.2018.

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In support of this petition, the petitioner cites clause 13 of the lease

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deed, which provides for resolution of disputes by arbitration in Chennai. The lease deed was terminated on 16.08.2021 and the Section 21 notice was issued on 10.05.2022. The said notice was replied to by the respondent on 06.06.2022.

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In response to this petition, on instructions, learned counsel for the

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

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Arb.O.P.(Comm.Div.) No.470 of 2022

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respondent states that she has no objection to the constitution of the arbitral tribunal by this Court.

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In the above facts and circumstances, the petition is liable to be allowed. Accordingly, Arb.O.P.(Comm.Div.) No.470 of 2022 is allowed by appointing Mr.Arun Karthik Mohan, Advocate, New No.161/1, Kanakashree Apartments, 1^st Floor, V.M.Street, Jagadambal Colony, 2^nd Street, Royapettah, Chennai 600 014 (Mobile No.8754463801), as the sole arbitrator. The sole arbitrator is called upon to enter upon reference and adjudicate the dispute. The fees and expenses in relation to the arbitral proceedings may be fixed by the arbitral tribunal in consultation with the parties.

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10.11.2022

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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.470 of 2022

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SENTHILKUMAR RAMAMOORTHY,J

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rna

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Arb.O.P.(Comm.Div.) No.470 of 2022

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10.11.2022

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

Nec Corporation India Private Limited v. Bharathi Renganathan

Case brief

What is this about?

What did the court decide?

Nec Corporation India Private Limited v. Bharathi Renganathan

Case brief

What is this about?

What did the court decide?

What the court decided

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