Disposed

Cholamandalam Investments And Finance Company Ltd. v. Ram Nath Agarwal Radhey Lal

Madras HC3 Sept 2024Arb O.P(COM.DIV.)/87/2024

Case brief

AI extract

What is this about?

Sole arbitrator earlier appointed by the court expressed inability to act after becoming Chairperson of the Debts Recovery Appellate Tribunal, Chennai. With consent of both sides, Justice K.N.Basha (Retired) was appointed as new arbitrator to adjudicate the dispute and pass an award within six months.

What did the court decide?

Justice K.N.Basha (Retd) appointed as sole arbitrator; award within six months; fees equally borne by parties.

Cholamandalam Investments And Finance Company Ltd. Vs Ram Nath… — Arbitration | Madras HC (2024)

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Arb.O.P.(Com.Div.)No.87 of 2024

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P.B.BALAJI, J.

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Today, this petition is listed under the caption, “For Being Spoken

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To”.

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This Court vide its order dated 03.09.2024, appointed Hon'ble Mr.Justice G.Chandrasekharan (Retired Judge of this Court) as Sole Arbitrator in this matter. However, the said Arbitrator has sent a Letter dated 23.10.2024 to the Registry, expressing his inability to act as an Arbitrator in this matter in view of his assumption of charge as Chairperson of the Debts Recovery Appellate Tribunal, Chennai

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The learned counsel on either side have fairly submitted in unison that they have no objection for new Arbitrator to be appointed for continuing the arbitration proceedings and for resolving the dispute between the parties herein.

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Upon hearing the learned counsel on either side, this Court suggested the name of Hon'ble Mr.Justice K.N.Basha (Retired Judge of this Court) for appointment as the Arbitrator. The learned counsel on both sides had agreed for the said suggestion.

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

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With the consent of the learned counsel on both sides, this Court is

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inclined to pass the following order:

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(i) The Hon'ble Mr.Justice K.N.Basha (Retired Judge of this

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Court), residing at Flat No.F-1, “STAR”, No.25/1, Dr.Ambedkar Road, (Old ICF Link Road), North Thirumalai Nagar, Villivakkam, Chennai – 600 049, Mobile No.9444454545 is appointed as new Arbitrator to enter upon reference and adjudicate the dispute inter se the parties.

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(ii) The newly appointed learned Arbitrator shall pass award within a

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period of six months from the date of receipt of a copy of this order, only after issuing notice to the parties and hearing them.

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(iii) The parties shall pay fees and other incidental charges to the newly appointed learned Arbitrator fixed by him, equally.

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(iv) In the event of non-appearance of the respondents before the learned Arbitrator, petitioner shall pay the entire remuneration and other expenses at first instance and thereafter, petitioner can recover the same directly from the respondents.

26.11.2024

mrr

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

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P.B.BALAJI, J.

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mrr

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Arb.O.P.(Com.Div.)No.87 of 2024

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26.11.2024

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

Cholamandalam Investments And Finance Company Ltd. v. Ram Nath Agarwal Radhey Lal

Case brief

What is this about?

What did the court decide?

Cholamandalam Investments And Finance Company Ltd. v. Ram Nath Agarwal Radhey Lal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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