The petitioner and respondents jointly sought appointment of an arbitrator under the rental agreement dated 01.12.2023. The court appointed a retired judge as sole arbitrator by consent and disposed of the writ petition.
Appointment of Hon'ble Mr. Justice (Retd.) K. Venkataraman as sole Arbitrator; Writ Petition disposed of.
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2024:MHC:2453
W.P.No.15968 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.06.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.15968 of 2024
and WMP Nos.17437 and 17438 of 2024
Bhajarang Engineering College represented by its Managing Trustee, Mr.M.G.Baskaran ... Petitioner
Vs
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records https://www.mhc.tn.gov.in/judis relating to the letter of the 1st respondent dated 16.05.2024 and quash the same
W.P.No.15968 of 2024
as illegal, arbitrary and unreasonable and further direct the 1st respondent to operate the Government Model Residential School from Bhajarang Engineering College Campus, Thiruvallur – 602 024.
For Petitioner : Mr.Mukunth
Senior Counsel for Mr.Adith Narayan Vijayaraghavan
For Respondents : Mr.M.Rajendiran – R1 to R3 Mr.M.R.Gokul Krishnan
Additional Government Pleader – R4
O R D E R
Read this order in continuation of and in conjunction with order dated
18.06.2024 which reads as follows:
Mr.M.Rajendiran, learned Additional Government Pleader, accepts notice for R1 and R3.
2. Mr.Gokul Krishnan, learned Additional Government Pleader, accepts notice for R4.
3. Notice to R2 through Court as well as privately, returnable 20.06.2024. Proof of service be placed on file.
4. As the parties wish to invoke the arbitration clause under rental agreement dated 01.12.2023, list on 20.06.2024 at the end of admission list in order that a sole arbitrator acceptable to both may be named.
the Chairman, Bhajarang Engineering College, Head Master, Thiruvallur
District Government Model School, Thiruvallur and both the learned counsel for
the petitioner and for the first respondent. The parties have invoked the https://www.mhc.tn.gov.in/judis
W.P.No.15968 of 2024
arbitration clause, being clause 14 of the Rental Agreement dated 01.12.2023,
reading thus:
14. ARBITRATION CLAUSE
a. In the event of any dispute or differences arising between the parties under this memorandum of understanding related to the interpretation of rights or liabilities arising out of this memorandum of understanding, the same shall be, at First instance settled amicably between the two parties. If any dispute is not settled amicably, the same shall be referred to sole arbitrator on mutual agreement between both the parties and the award of the arbitrator shall be final and binding on the parties and if there is no arbitrator by mutual consent, either parties may go to Court and the jurisdiction is restricted to Thiruvallur District.
b. The venue of arbitration proceedings shall be at Thiruvallur.
c. This arbitration shall be governed by the Arbitration and Concilliation Act, 1996.
d. Any dispute/questions arising out of this memorandum of understading will be subject to adjudication by Court of law having territorial jurisdiction over Bhajarang Engineering College, Vepampattu, Thiruvallur.
1. The present memorandum has been filed by the Petitioner and the 1st Respondent, jointly, pursuant to Clause 14 of the Rental Agreement dated 01.12.2023.
2. The Parties agree to appoint Hon'ble Mr.Justice (Retd.) K.Venkataraman, Former Judge, Hon'ble Madras High Court, as the Sole Arbitrtor to adjudicate the disputes between the parties in view of the Rental Agreement dated 01.12.2023.'
W.P.No.15968 of 2024
24.06.2024
Index : Yes / No Speaking Order Neutral Citation : Yes sl/ssm To
W.P.No.15968 of 2024
Dr.ANITA SUMANTH,J.
sl/ssm
W.P.No.15968 of 2024 and WMP Nos.17437 and 17438 of 2024
24.06.2024
1 issue framed by the court
Whether the dispute between the parties falls under the arbitration clause in the rental agreement and whether the writ petition should be disposed of by appointing an arbitrator.
1 provisions across 1 enactments
Bhajarang Engineering College represented by its Managing Trustee, Mr.M.G.Baskaran
The Head Master, Government District Model School, Tiruvallur
Mr.Sudhan Retd. (IAS), State Government Model School Co-ordinator
The Chief Educational Officer, Thiruvallur District
The District Collector, Thiruvallur
Dr. Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
