Mr.P.Jagadeesan M/A-57 Vs B.C.Bohra

PRAYER This petition filed under Section 12(3) r/w Section 14(2) of the Arbitration and Conciliation Act, 1996, praying to terminate the mandate of the learned Sole Arbitrator Mr. R. Ramesh Kumar, Advocate in proceeding with the hearing of Arb. Case No.BCB/01/03/2025.

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For Petitioner(s): Mr.M.Anbalagan

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For Respondent(s): Mr.S.Patrick

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ORDER

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This petition has been filed under Section 12(3) read with Section 14(2)

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of the Arbitration and Conciliation Act, 1996, to terminate the mandate of the

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2nd respondent who is appointed as the sole Arbitrator by the 1st respondent.

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2.The learned counsel for the 1st respondent has already made an

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endorsement on 14.08.2025 to the effect that he is agreeing for substituting the

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present Arbitrator with a new Arbitrator who can be appointed by this Court.

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3.Heard Mr.M.Anbalagan, learned counsel appearing on behalf of the

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petitioners and Mr.S.Patrick, learned counsel appearing on behalf of the 1st

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respondent.

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4.The petitioners had availed financial facility from the 1st respondent for

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purchase of vehicles. There was some default and as a result, under the Hire

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Purchase Agreement dated 13.03.2023, which contained an Arbitration Clause

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27, the 1st respondent unilaterally appointed the 2nd respondent as the Sole

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Arbitrator. The present petition has been filed to terminate the mandate of the

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2nd respondent.

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5.In the light of the prevailing law on the issue and after taking into

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consideration the endorsement made by the learned counsel for the 1st respondent on 14.08.2025, this Court is inclined to appoint Dr.S.Padma, Advocate, T2, Thanikachalam Apartments, No.63, Rakiappa Street, Mylapore, Chennai 600 004, Mobile:9444178456 [email: [email protected]; [email protected]] is appointed as the sole Arbitrator and the Arbitrator is requested to enter upon reference, adjudicate the arbitral dispute that were arising between the parties by holding 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

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Centre (MHCAC)(Administrative Cost and Arbitrator's Fees) Rules 2017.

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Arb O.P(COM.DIV.) No. 400 of 2025

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6.This petition is disposed of in the above terms. No Costs.

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19-09-2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr

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To

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1.Dr.S.Padma, T2, Thanikachalam Apartments, No.63, Rakiappa Street, Mylapore, Chennai 600 004, Mobile:9444178456 [email: [email protected]; [email protected]]

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2.The Director Tamil Nadu Mediation and Conciliation Centre-cum-Ex-Officio Member Madras High Court Arbitration Centre Chennai - 104.

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N.ANAND VENKATESH J.

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ssr