Arb.O.P.(Com. Div.) No.55 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.04.2025 CORAM THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Arb.O.P.(Com. Div.) No.55 of 2025 R. Jeyaprakash ... Petitioner Vs. 1. S. Samuvel Edwinraj 2. R. Gandhi Selvam ... Respondents PRAYER: Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 to appoint arbitrator to adjudicate the dispute between the petitioner and the respondents in terms of the Partnership Agreement dated 07.05.2011. For Petitioner : Mr. K. Kathiresan For Respondents : Mr. P.H. Dani Jeshwanth for R2 R1 - Set ex-parte ORDER This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking for appointment of an Arbitrator by this Court. 1/6 https://www.mhc.tn.gov.in/judis Arb.O.P.(Com. Div.) No.55 of 2025 2. There seems to be a dispute between the petitioner and the respondents arising out of the partnership deed dated 07.05.2011. There exists an arbitration clause in the partnership deed dated 07.05.2011, which is extracted hereunder: " 10/ ek;kpy; xUtUf;bfhUth; Tl;L tpahghuk; rk;ge;jkhf VnjDk; mgpg;gpuha ngjk; Vw;gl;lhy; mij kj;jpa!;ju;fs; K:yk; ,e;jpad; Mh;gpl;nurd; Mf;ow;F cl;gl;L jPu;j;J bfhs;s ntz;oaJ/" 3. The petitioner has invoked arbitration in accordance with the arbitration clause by issuing notice to the respondents on 19.06.2024. A reply has also been sent by the second respondent on 02.07.2024. Since there is no consensus between the parties with regard to the name of the arbitrator, the petitioner has filed this petition under Section 11 of the Arbitration and Conciliation Act, seeking for appointment of an arbitrator by this Court. 4. The first respondent has already been set ex-parte by this Court on 2/6 https://www.mhc.tn.gov.in/judis Arb.O.P.(Com. Div.) No.55 of 2025 27.03.2025. The second respondent is represented by learned counsels. Till date, despite granting sufficient opportunities, the respondent has not filed counter in this petition. Admittedly, there exists an arbitration clause in the partnership deed dated 07.05.2011, which is the subject matter of dispute between the parties. The petitioner has also satisfied the requirements of Section 21 of the Arbitration and Conciliation Act by issuing notice to the respondent on 19.06.2024, requesting them to consent for arbitration. The second respondent has also sent a reply on 02.07.2024, taking the defence of limitation as well as raising the other defences. 5. When there exists an arbitration clause in the partnership deed dated 07.05.2011, which is the subject matter of dispute between the parties, and when the petitioner has satisfied the requirements of Section 21 of the Arbitration and Conciliation Act by issuing notice to the respondents on 19.06.2024, requesting the respondents to consent for arbitration, and when there is no evidence placed on record by the respondents before this Court to prove that the claim of the petitioner is hopelessly barred by limitation, necessarily this Court will have to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act. 3/6 https://www.mhc.tn.gov.in/judis Arb.O.P.(Com. Div.) No.55 of 2025 6. While deciding an application under Section 11 of the Arbitration and Conciliation Act, this Court has only got a limited scrutiny. Therefore, when there exists an arbitration clause in the contract, which is the subject matter of dispute between the parties, and since there is no consensus between the parties with regard to the name of the arbitrator, this Court will have to necessarily appoint an arbitrator as prayed for in this petition. 7. Accordingly, this Arbitration Original Petition is allowed as prayed for by issuing the following directions: (a) Mr.Arunachalam, Advocate, who is having office at Shri Venkatesh Bhavan, 3rd floor, Old No.35, New No.71, Armenian Street, Ch - 1 (Mobile No.99406 54596) is appointed as the sole Arbitrator to decide the dispute between the petitioner and the respondents arising out of the Partnership Deed dated 07.05.2011; (b) The Arbitrator shall be paid his 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; 4/6 https://www.mhc.tn.gov.in/judis Arb.O.P.(Com. Div.) No.55 of 2025 (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. 22.04.2025 Index : Yes/No Speaking Order : Yes / No Neutral Citation Case: Yes / No ab 5/6 https://www.mhc.tn.gov.in/judis Arb.O.P.(Com. Div.) No.55 of 2025 ABDUL QUDDHOSE. J., ab Arb.O.P.(Com. Div.) No.55 of 2025 22.04.2025 6/6 https://www.mhc.tn.gov.in/judis