Disposed

M/s.Light Roofings Limited v. Nebula Infraspace LLP

Madras HC27 Mar 2024Arb O.P(COM.DIV.)/120/2024

Case brief

AI extract

What is this about?

Section 11(6) petition seeking appointment of an arbitrator over disputes under a Joint Development Agreement. Both sides agreed the dispute was arbitrable. The court appointed a former Supreme Court judge as arbitrator, continued the interim injunction for 45 days with liberty to seek extension under Section 17, and disposed of the petition.

What the court decided

AI extract

M/s.Light Roofings Limited Vs Nebula Infraspace LLP — Arbitration | Madras HC (2024)

¶1

Arb.O.P.(Com.Div.)No.120 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 27.03.2024

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE C.SARAVANAN

¶6

Arb.O.P.(Com.Div.)No.120 of 2024

¶7

and O.A.No.1117 of 2023

¶8

M/s.Light Roofings Limited, Rep by its Managing Director, Mr.Mohammed Ansari, No.114/3, Padmanabha Nagar 5^th Street, Adyar, Chennai – 600 020.

¶9

.. Petitioner

¶10

Vs.

¶11

Nebula Infraspaces LLP, Represented by its Authorized Representative, No.33, Amrapalash Bungalows, Behind Fun Republic, Ramdevnagar, Ahmedabad. Gujarat – 380 015. .. Respondent

¶12

Prayer : Original Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, as amended by the Arbitration and Conciliation Act, 2019, praying to appoint an Arbitrator, in terms of the Joint Development Agreement dated 03.10.2017 entered into between the petitioner and the respondent, for the purpose of adjudicating upon the disputes that have arisen between the applicant and the respondent and award costs of the present proceeding to the petitioner.

¶13

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

¶14

1/6

¶15

Arb.O.P.(Com.Div.)No.120 of 2024

¶16

For Petitioner : Mr.B.Arvind Srevasta

¶17

For Respondent : M/s.A.Asif Basha

¶18

ORDER

¶19

This Original Petition has been filed for appointment of an

¶20

Arbitrator. The Original Application has been filed to pass an order of interim injunction restraining the respondent from acting upon or using the General Power of Attorney dated 03.01.2017 registered as Doc.No.9688/2017 with the SRO, Chengalpattu.

¶21

An interim order was secured by the applicant in O.A.No.1117

¶22

of 2023 on 22.12.2023, which has been extended from time to time.

¶23

The learned counsel for the respondent submits that he would

¶24

require further time to file a formal vakalt in Arb.O.P.(Com.Div)No.120 of 2024.

¶25

Both the counsels however submit that the dispute is arbitrable

¶26

and an Arbitrator has to be appointed.

¶27

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

¶28

2/6

¶29

Arb.O.P.(Com.Div.)No.120 of 2024

¶30

Recording the submissions of the learned counsel for the applicant/petitioner and the learned counsel for the respondent, Court is inclined to appoint Hon'ble Mr.Justice V.Ramasubramanian, Former Judge, Supreme Court, (Mobile No.:9618099696) residing at No.12, T.P.Scheme Road, R.A.Puram, Chennai – 600 028, is appointed as an Arbitrator to enter upon reference and adjudicate / resolve the inter se dispute between the parties.

¶31

Since an interim order has been secured by the applicant on 22.12.2023, which has been extended from time to time, I am inclined to continue the Interim Order for a further period of 45 days from the date of receipt of a copy of this order. It is open for the applicant/petitioner to move suitable application under Section 17 of the Arbitration and Conciliation Act, 1996, before the learned Arbitrator for extending the interim order for a further period pending disposal of the arbitral proceedings.

¶32

The learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, endeavour to complete the arbitral proceedings and pass an award strictly in accordance with the

¶33

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

¶34

3/6

¶35

Arb.O.P.(Com.Div.)No.120 of 2024

¶36

provisions of the Arbitration and Conciliation Act, 1996, as expeditiously as possible, preferably within a period of twelve months after the date of completion of pleadings under Sub-Section 4 to Section 23 as is contemplated in Section 29-A of the Arbitration and Conciliation Act, 1996, without getting influenced by any of the observations made by this Court in this order.

¶37

The learned Arbitrator appointed herein shall be paid fees and

¶38

other incidental charges as may be fixed with the consent of parties or in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and the same shall be borne by the parties equally. In case, the respondent remain ex parte , the petitioner shall pay the entire fee and other incidental charges to the Arbitrator and later recover the same from the respondent.

¶39

The parties are at liberty to workout the venue for Arbitration at

¶40

Chennai.

¶41

With the above observations, both petition and application are

¶42

disposed of, leaving the parties to bear their own costs.

¶43

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

¶44

4/6

¶45

Arb.O.P.(Com.Div.)No.120 of 2024

¶46

Since the Court has appointed an Arbitrator, it is open to the

¶47

petitioner as well as the respondent to seek other reliefs under Section 17 of the Arbitration and Conciliation Act, 1996, before the learned Arbitrator.

¶48

27.03.2024

¶49

jas Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No

¶50

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

¶51

5/6

¶52

Arb.O.P.(Com.Div.)No.120 of 2024

¶53

C.SARAVANAN, J.

¶54

jas

¶55

Arb.O.P.(Com.Div.)No.120 of 2024 and O.A.No.1117 of 2023

¶56

27.03.2024

¶57

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

¶58

6/6

M/s.Light Roofings Limited v. Nebula Infraspace LLP

Case brief

What is this about?

What the court decided

M/s.Light Roofings Limited v. Nebula Infraspace LLP

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saju Kaliyuvilayil Varghese Vs Financial Software And Systems Private Ltd.

M/S.Shriram Finance Limited Vs M/s.Bhoruka Classic Finance Pvt. Ltd.

M/S.Mercedes Benz Financial Services India Pvt. Ltd. Vs M/s.Emerald Luxury Cars LLP

M.U.Yokesh And Another Vs Sanjay Pinto And Another

Seapride Management and Consulting Services Pvt. Ltd. Vs Navayuga Engineering Co. Ltd.

M/s.Tvs Credit Services Ltd. Vs Suganya L and another