Disposed¶35

M/s Baettr India Private Limited, v. Mr.E.Ramesh Babu

Madras HC15 Sept 2025Arb O.P/32/2025

Case brief

AI extract

What is this about?

Arbitration appointment; Section 11(6) Arbitration and Conciliation Act 1996; Arb O.P 32/2025 Madras High Court; N. Anand Venkatesh; Baettr India Private Limited vs E.Ramesh Babu and D.Mythili; lease agreement dated 23.03.2023 clause X arbitration clause; trigger notice Section 21 dated 11.04.2025; legal notice 22.01.2025; security deposit refund Rs.7,20,700; deposit Rs.8,00,000; rent Rs.50,000; maintenance Rs.35,000; vacated 29.04.2024; respondents no appearance; sole arbitrator Ms.Aparajitha Vishwanath; MHCAC Arbitrator's Fees Rules 2017; ex parte appointment of arbitrator.

What did the court decide?

Appointment of Ms.Aparajitha Vishwanath, Advocate, as sole Arbitrator to adjudicate the disputes under the lease agreement dated 23.03.2023, with fees per the MHCAC Rules 2017; original petition disposed of in the above terms. ¶35

M/s Baettr India Private Limited, Vs Mr.E.Ramesh Babu — Arbitration | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether an arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes that have arisen between the petitioner and the respondents under the lease agreement dated 23.03.2023, following the petitioner's unanswered trigger notice.

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Court's answer

Taking into consideration the binding agreement containing an arbitration clause and the trigger notice issued by the petitioner, this Court appointed Ms.Aparajitha Vishwanath, Advocate, as the sole Arbitrator.

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Ratio / Principle

The learned sole Arbitrator was requested to enter upon reference qua the lease agreement dated 23.03.2023, adjudicate the arbitral disputes that have arisen between the parties and render an award, holding sittings in any venue in Chennai to the convenience of all concerned.

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Key takeaways

Fees of the sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC)(Administrative Cost and Arbitrator's Fees) Rules 2017.ratio¶34

Detailed headnote1 paragraphs

High Court of Judicature at Madras (Justice N. Anand Venkatesh), 15-09-2025: Disposed of Arb O.P No. 32 of 2025 filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, appointing Ms.Aparajitha Vishwanath, Advocate, as sole Arbitrator to adjudicate disputes under a lease agreement dated 23.03.2023 (11-month lease from 23.03.2023 till 22.02.2024; rent Rs.50,000/- plus Rs.35,000/- amenities/maintenance per month; Rs.8,00,000/- refundable security deposit). After the petitioner vacated on 29.04.2024 claiming a refund of Rs.7,20,700/- and its legal notice dated 22.01.2025 and trigger notice dated 11.04.2025 under Section 21 of the Act, in line with clause X of the lease, went unanswered, the Court made the appointment notwithstanding the respondents' service and non-appearance; arbitrator to sit in any venue in Chennai and render an award, fees per the Madras High Court Arbitration Centre (MHCAC)(Administrative Cost and Arbitrator's Fees) Rules 2017.

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Arb O.P No. 32 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15-09-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

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Arb O.P No. 32 of 2025

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M/s Baettr India Private Limited Represented by its Authorised Signatory, Mr. Srikanth Kotha Plot No.A-3/1, SIPCOTs Industrial Park, Gummidipoondi,

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Thervoy Kandigai, Thiruvallur - 601 202. Petitioner

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Mr.E.Ramesh Babu,

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S/o.Late G.Ethirajulu, 1st Floor, No.2, Ramaswamy Street Vettri Nagar, Jawahar Nagar, Chennai-600082.

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2.Mrs.D.Mythili

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W/o. Mr.E.Ramesh Babu

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1st Floor, No.2, Ramaswamy Street Vettri Nagar, Jawahar Nagar Chennai - 600 082

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Respondents

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PRAYER

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To appoint an Arbitrator to adjudicate the disputes that have arisen between the Petitioner and the Respondents under the Lease Agreement dated 23.03.2023.

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

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Arb O.P No. 32 of 2025

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For Petitioner : Mr.Varoon R

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For Respondents : No appearance

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ORDER

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This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for brevity, hereinafter referred to as “the Act”) for appointment of Arbitrator to adjudicate upon the disputes that have arisen between the petitioner and the respondents under the lease agreement dated 23.03.2023.

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The respondents are the absolute owners of the subject property, which was leased out in favour of the petitioner through a lease agreement dated 23.03.2023 for a period of 11 months commencing from 23.03.2023 till 22.02.2024. As per the terms of the agreement, the petitioner was liable to pay a sum of Rs.50,000/- towards rent and a further sum of Rs.35,000/- towards amenities/maintenance charges. The petitioner also deposited a sum of Rs.8,00,000/- as refundable security deposit to the respondents as per the lease agreement.

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The petitioner vacated the premises on 29.04.2024 and handed over vacant possession of the property to the respondents. According to the petitioner, the rent for the month of April, 2024 was due and payable and after deduction of the said rent, the respondents are liable to refund the security

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

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Arb O.P No. 32 of 2025

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deposit of Rs.7,20,700/-.

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The petitioner issued several reminders to the respondents including the legal notice dated 22.01.2025 seeking for refund of the security deposit. Since the same was not acted upon, the petitioner issued the trigger notice dated 11.04.2025 to the respondents under Section 21 of the Act for appointment of Arbitrator, in line with clause X of the lease agreement dated 23.03.2023. Since the same was not acted upon, the present petition has been filed before this Court.

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The respondents were served with notice and their names have also been printed in the cause list. There is no representation either in person or through counsel.

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Taking into consideration the facts and circumstances of the case and considering the binding agreement between the parties, which contains an arbitration clause and also taking note of the fact that the trigger notice has been issued by the petitioner to the respondents, this Court appoints Ms.Aparajitha Vishwanath, Advocate, having address for service at No.15/6, Deivasigamani Street, Royapettah, Chennai 600 014 (Mob: 96771 97190) (Email: [email protected]) as the sole Arbitrator and the learned Arbitrator is requested to enter upon reference qua the lease agreement dated 23.03.2023, adjudicate the arbitral disputes that have arisen between the parties by holding

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

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Arb O.P No. 32 of 2025

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the sittings in any venue in Chennai to the convenience of all concerned and render an award. Fees of the sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC)(Administrative Cost and Arbitrator's Fees) Rules 2017.

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