1/6 Arb O.P(COM.DIV.) No. 400 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-09-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Arb O.P(COM.DIV.) No. 400 of 2025 1. Mr.P.Jagadeesan 2. Mrs.J.Lakshmi Petitioner(s) Vs 1. B.C.Bohra, Rep by Mr.U.C.Bohra, Bohra House, O.N.47,New No.37, General Muthiah Street, Elephant Gate, Sowcarpet, Chennai-600079. 2.Mr.R.Ramesh Kumar Advocate/Arbitrator, 77/2,Kalathiappa Street, Choolai, Chennai-600112. Respondent(s) 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. https://www.mhc.tn.gov.in/judis 2/6 Arb O.P(COM.DIV.) No. 400 of 2025 For Petitioner(s): Mr.M.Anbalagan For Respondent(s): Mr.S.Patrick ORDER This petition has been filed under Section 12(3) read with Section 14(2) of the Arbitration and Conciliation Act, 1996, to terminate the mandate of the 2 nd respondent who is appointed as the sole Arbitrator by the 1 st respondent. 2.The learned counsel for the 1 st respondent has already made an endorsement on 14.08.2025 to the effect that he is agreeing for substituting the present Arbitrator with a new Arbitrator who can be appointed by this Court. 3.Heard Mr.M.Anbalagan, learned counsel appearing on behalf of the petitioners and Mr.S.Patrick, learned counsel appearing on behalf of the 1st respondent. 4.The petitioners had availed financial facility from the 1st respondent for purchase of vehicles. There was some default and as a result, under the Hire https://www.mhc.tn.gov.in/judis 3/6 Arb O.P(COM.DIV.) No. 400 of 2025 Purchase Agreement dated 13.03.2023, which contained an Arbitration Clause 27, the 1st respondent unilaterally appointed the 2nd respondent as the Sole Arbitrator. The present petition has been filed to terminate the mandate of the 2nd respondent. 5.In the light of the prevailing law on the issue and after taking into 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: padwin1@yahoo.co.in; drpadmaadvocate@gmail.com] 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 Centre (MHCAC)(Administrative Cost and Arbitrator's Fees) Rules 2017. https://www.mhc.tn.gov.in/judis 4/6 Arb O.P(COM.DIV.) No. 400 of 2025 6.This petition is disposed of in the above terms. No Costs. 19-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr https://www.mhc.tn.gov.in/judis 5/6 Arb O.P(COM.DIV.) No. 400 of 2025 To 1.Dr.S.Padma, T2, Thanikachalam Apartments, No.63, Rakiappa Street, Mylapore, Chennai 600 004, Mobile:9444178456 [email: padwin1@yahoo.co.in; drpadmaadvocate@gmail.com] 2.The Director Tamil Nadu Mediation and Conciliation Centre-cum-Ex-Officio Member Madras High Court Arbitration Centre Chennai - 104. https://www.mhc.tn.gov.in/judis 6/6 Arb O.P(COM.DIV.) No. 400 of 2025 N.ANAND VENKATESH J. ssr Arb O.P(COM.DIV.) No. 400 of 2025 19-09-2025 https://www.mhc.tn.gov.in/judis