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Arb O.P No. 76 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-10-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Arb O.P No. 76 of 2025
1. Mr.A. Kamesh Kumar S/o.Arumugam, No.3/ 17, Amman Kovil Street, Moolacheri, Chengalpattu District -600 127. Applicant(s) Vs
1. Mrs. N.Latha W/o.Neminathan, Represented by her power agent Mr.J.D.Thiruvenkadam No.4, 4th Cross Street,Sakthivel Nagar, Peravallur,Kolathur,Chennai-
600082. 2.Mr.J.D. Thiruvenkadam S/o.Devarajan, No 1, 2nd Street, Sri Iyyappa Nagar, Kolathur, Chennai - 600 099. Respondent(s) PRAYER To Appoint a sole arbitrator to adjudicate the disputes between the Petitioner and the Respondents in terms of the arbitration agreement dated 30.10.2022 For Applicant(s): M/s.N.D. Sivakumaran For Respondent(s): M/s. S.Chandrasekar (2468/2015) For 1st And 2nd https://www.mhc.tn.gov.in/judis
Arb O.P No. 76 of 2025 Respondents Vakalat D.No.39203/2025, Returned 17.10.2025 9962444134 ORDER This petition has been filed under Section 11 of the Arbitration and Conciliation Act (herein after referred to as the
“Act”) to adjudicate the differences between the petitioner and the respondents in terms of the arbitration agreement dated 30.10.2022. 2. When the matter came up for hearing on 04.09.2025, this Court passed the following order:- This petition has been filed seeking for appointment of sole Arbitrator to adjudicate the dispute between the petitioner and the respondents. 2. The petitioner entered into an agreement of sale dated 30.10.2022 with the first respondent, who was represented by her Power Agent second respondent. In the agreement of sale, the parties agreed that whenever there is a dispute, it will be referred to the Arbitrator and the relevant clause is extracted hereunder:
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3. The disputes had arisen between the petitioner and the respondents and hence, the trigger notice under Section 21 of the Act dated 12.07.2025 was issued by the petitioner. Since there was no response, the present petition has been filed before this Court. 4. Notice to the respondent returnable by 06.10.2025. Private notice is also permitted. Post on 06.10.2025. 3. After service of notice, the matter has been listed for hearing today.
4. Heard Mr.N.D.Sivakumaran, learned counsel for the applicant and Mr. S.Chandrasekar, learned counsel for respondents. 5. Taking into consideration the facts and circumstances of the case and considering the fact that there is a valid agreement between the parties as contemplated under Section 7 of the Act, which contains an arbitration clause, this Court is inclined to appoint https://www.mhc.tn.gov.in/judis
Arb O.P No. 76 of 2025 an arbitrator. 6. In view of the above, Mr.A.K.Kumarasamy, Senior Advocate, No.3, Annai Nagammai Street, Raja Annamalai puram, Mandaveli, Chennai 600 028, Mobile No.9445296480, is appointed as sole Arbitrator and the Arbitrator is requested to 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 Centre (MHCAC)(Administrative Cost and Arbitrator's Fees) Rules 2017. 7. This Arb. OP is disposed of in the above terms. There shall be no order as to costs. 27-10-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis
Arb O.P No. 76 of 2025
To 1.Mrs. N.Latha W/o.Neminathan, Represented by her power agent Mr.J.D.Thiruvenkadam No.4,4th Cross Street,Sakthivel Nagar, Peravallur,Kolathur,Chennai-
600082. 2.Mr.J.D. Thiruvenkadam S/o.devarajan, No 1, 2nd Street, Sri Iyyappa Nagar, Kolathur, Chennai - 600 099. https://www.mhc.tn.gov.in/judis
Arb O.P No. 76 of 2025 N.ANAND VENKATESH J. rka Arb O.P No. 76 of 2025 27-10-2025 https://www.mhc.tn.gov.in/judis