Arkitya Vs Vipa Enterprises LLP — Arbitration | Madras HC (2025)

Arkitya Vs Vipa Enterprises LLP — Arbitration | Madras HC (2025)

What the court decided

AI extract

Outcome

Appointment of Hon'ble Mr. Justice K. Ravichandrabaabu, Former Judge, Madras High Court, as sole arbitrator for the dispute under the development agreement dated September, 2023; fees per the 4th schedule or mutual consent, shared equally; O.A.Nos.541 and 542 of 2025 (Section 9) to be treated as Section 17 applications before the arbitrator with existing pleadings.

Issue for consideration

Whether a sole arbitrator should be appointed to adjudicate the dispute between the applicant and the respondents arising out of the development agreement dated September, 2023. +1 more

Court's answer

In view of the joint endorsement recording the parties' consent, the Court held it was bound to appoint a sole arbitrator to adjudicate the dispute between the parties arising out of the development agreement dated September, 2023.

Ratio / Principle

Hon'ble Mr. Justice K. Ravichandrabaabu, Former Judge, Madras High Court, is appointed as the sole Arbitrator to decide the dispute between the applicant and the respondents arising out of the development agreement dated September, 2023.

Key takeaways

The Arbitrator shall be paid remuneration/fees in accordance with the 4th schedule of the Arbitration and Conciliation Act, 1996 or as per the mutual consent of both the parties.ratio¶15
Both the parties shall equally share the arbitrator's fees.ratio¶16
The Arbitrator shall conduct the arbitration in accordance with the Arbitration and Conciliation Act, 1996 and shall complete it within the specified time prescribed under the said Act.ratio

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 - Sections 9 and 17 - Consent appointment of arbitrator - Counsel for both parties made a joint endorsement in the Court bundle recording the parties' consent to appointment of a sole arbitrator for disputes under a development agreement dated September, 2023 - Court held it was bound to appoint a sole arbitrator and disposed of the applications by issuing directions: Hon'ble Mr. Justice K. Ravichandrabaabu, Former Judge, Madras High Court, appointed as sole Arbitrator; remuneration/fees payable in accordance with the 4th schedule of the Act or as per mutual consent, to be shared equally by the parties; arbitration to be conducted in accordance with the Act and completed within the prescribed time - O.A.Nos.541 and 542 of 2025, filed under Section 9, to be treated as applications under Section 17 before the arbitrator, with the pleadings already filed standing as pleadings before him, to be decided as per Section 17.

O.A.Nos.541 and 542 of 2025

Arkitya

... Applicant

Vs.

M/s.VIPA Enterprises LLP and Others ... Respondents

ABDUL QUDDHOSE.J.,

Both the counsels, on instructions, have made a joint endorsement in the Court bundle, stating that the parties have given their consent for the appointment of a sole arbitrator by this Court to adjudicate the dispute between the parties, arising out of the undated development agreement dated September, 2023. Both the counsels have also made an oral submission that the Section 9 applications pending before this Court viz.,O.A.Nos.541 and 542 of 2025 may be treated as applications under Section 17 of the Arbitration and Conciliation Act, 1996 by the arbitrator.

In view of the joint endorsement made by both the counsels, this Court will have to necessarily appoint a sole arbitrator to adjudicate the dispute between the parties arising out of the development agreement dated September, 2023 entered into between the applicant and the respondents.

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Accordingly, these applications are disposed of by issuing the

following directions:

(a) Hon'ble Mr. Justice K. Ravichandrabaabu, Former Judge, Madras High Court who is having address at No.1D, Cresent Castle, 13/6, II Cresent, Park Road, Gandhi Nagar, Adyar, Chennai - 600 020 (Mobile No.94980 33336) is appointed as the sole Arbitrator to decide the dispute between the applicant and the respondents arising out of the development agreement dated September, 2023;

(b) The Arbitrator shall be paid a remuneration / fees in accordance

with the 4th schedule of the Arbitration and Conciliation Act, 1996 or as per the mutual consent of both the parties;

(c) Both the parties shall equally share the arbitrator's fees;

(d) The Arbitrator shall conduct the arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act.

O.A.Nos.541 and 542 of 2025 filed under Section 9 of the Arbitration and Conciliation Act, 1996 shall be treated as applications filed under Section 17 of the Arbitration and Conciliation Act, 1996 and the

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pleadings filed in the aforesaid applications shall be treated as pleadings filed before the arbitrator and the arbitrator shall decide the application as per the provisions of Section 17 of the Arbitration and Conciliation Act, 1996.

10.07.2025

ab

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ABDUL QUDDHOSE.J.,

ab

O.A.Nos.541 and 542 of 2025

10.07.2025

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