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2025 DAILYLAW 73409 (MAD)

Laps N Tabs Technology Private Limited, v. National Instructional Media Institute,

Arb O.P(COM.DIV.)/398/2025 · 2025-09-19

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1/7 Arb O.P(COM.DIV.) No. 398 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. 398 of 2025 Laps N Tabs Technology Private Limited, Rep by its Director, Mr.Devank Rastogi, Registered office at, C-187, Nirala Nagar, Lucknow-226020. Petitioner(s) Vs National Instructional Media Institute, Ministry of Skill, Post Box No.3142,CTI Campus, Guindy Industrial Estate, Guindy, Chennai-600032. Respondent(s) For Petitioner(s): Ms.Deepika Murali For Respondent(s): M/v. Muthuvisakan https://www.mhc.tn.gov.in/judis 2/7 Arb O.P(COM.DIV.) No. 398 of 2025 ORDER This petition has been filed under Section 14 and 15 of the Arbitration and Conciliation Act, 1996 for substitution of a fresh Arbitrator in the place of the erstwhile sole Arbitrator to continue and adjudicate the disputes that have arisen between the parties in connection with Bid Agreement dated 07.04.2021. 2.Heard Ms.Deepika Murali, learned counsel appearing on behalf of the petitioner and Mr.K.V.Muthuvisakan, learned counsel appearing on behalf of the respondent. 3.The dispute between the parties pertained to the supply of computers for which the petitioner had made a total claim of Rs.9,03,600/-. The Trigger Notice dated dated 29.08.2023 was issued for appointment of an Arbitrator. Subsequently, by virtue of the order passed by this Court in Arb.O.P.(Comm.Div.)No.63 of 2024, the sole Arbitrator was appointed. 4.The present petition has been filed under Sections 14 and 15 of the Act https://www.mhc.tn.gov.in/judis 3/7 Arb O.P(COM.DIV.) No. 398 of 2025 by raising certain grounds in the affidavit filed in support of the petition. 5.The sole Arbitrator was present before this Court and the sole Arbitrator stated that the arbitration proceedings are now at the stage of cross- examination of the claimant (CW1). The sole Arbitrator further stated that she did not have the advantage of going through the averments made in the affidavit. But however, she will comply with any directions issued by this Court. 6.This Court has carefully considered the submissions made on either side and also the materials available on record. 7.In the considered view of this Court, it is not necessary for this Court to go in to the averments made in the affidavit filed in support of the application and it will suffice if the present sole Arbitrator is substituted with a new Arbitrator. However, the sole Arbitrator has already raised the fee bill dated https://www.mhc.tn.gov.in/judis 4/7 Arb O.P(COM.DIV.) No. 398 of 2025 28.05.2025 and this Court is inclined to direct the parties to pay the proportionate fees to the sole Arbitrator. 8.In the light of the above discussion, this Court is inclined to substitute the sole Arbitrator by appointing Mrs.Adhilakshmi Logamurthy, Advocate, No.10/12, A.K.Illam, 8th Street, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004. [Mobile:9841014926; 893936497] email: advocateadhilogy@gmail.com, is appointed as sole Arbitrator. The sole Arbitrator is requested to enter upon reference, adjudicate upon arbitrable disputes that have arisen between the parties. The Arbitrator shall holds holding sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 and fee of Hon'ble 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 5/7 Arb O.P(COM.DIV.) No. 398 of 2025 9.There shall be a direction to the petitioner and the respondent to share and pay a sum of Rs.36,000/- towards the rent payable for the venue where the arbitration proceedings were conducted till now. That apart, there shall be a further direction to the petitioner and the respondent to pay a sum of Rs.25,000/- each (totally Rs.50,000) to the learned Arbitrator, within a period of two weeks from the date of receipt of copy of this order. 10.This petition is disposed of in the above terms. No Costs. 19-09-2025 (1/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr https://www.mhc.tn.gov.in/judis 6/7 Arb O.P(COM.DIV.) No. 398 of 2025 To 1.National Instructional Media Institute, Ministry of Skill, Post Box No.3142, CTI Campus, Guindy Industrial Estate, Guindy, Chennai-600032. 2.Mrs.Adhilakshmi Logamurthy, No.10/12, A.K.Illam, 8th Street, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004. Mobile:9841014926; 893936497 email: advocateadhilogy@gmail.com 3.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 7/7 Arb O.P(COM.DIV.) No. 398 of 2025 N.ANAND VENKATESH J. ssr Arb O.P(COM.DIV.) No. 398 of 2025 19-09-2025 (1/2) https://www.mhc.tn.gov.in/judis