Arb O.P(COM.DIV.) NO.546 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.01.2025 CORAM THE HONOURABLE MR JUSTICE P.B. BALAJI Arb.O.P (COM.DIV.) No.546 of 2024 Star India Private Limited, (Formerly Asianet Star Communications Private Limited), Star House, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (West), Mumbai, Maharashtra. Also, at: Kochar Jade, Plot No.SP22, Thiru Vi Ka Industrial Estate, Guindy, Chennai, Tamil Nadu – 600 032. ...Petitioner Vs M/s.Vinisha Vision, Represented by its Partner Mr.K.V.Kathiravan, 123/1, L Block, 17th Street, Anna nagar, Chennai, Tamil nadu – 600 040. E.Mail: media@vinishavision.com, kvk@vinishavision.com, contact @vinishavision.com ...Respondent PRAYER: The Arbitration Original Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a sole Arbitrator to adjudicate the disputes between the Petitioner and the Respondent in terms of the arbitral Clause i.e., Clauses 15(ii) of Annexure B, of the Agreement dated 12th January 2022. 1/4 https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) NO.546 of 2024 For Petitioner : Ms.P.Meghana Nair For Respondent : No Appearance ORDER This Arbitration Original Petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (in short 'Act') to appoint a sole Arbitrator to adjudicate the disputes between the petitioner and the respondents arising under Agreement dated 12.01.2022. 2.Heard Ms.P.Meghana Nair, learned counsel appearing for the petitioner. The respondent has not chosen to appear despite service of notice on the respondent either in person or through counsel. Private Notice has been served on 14.12.2024. Affidavit of Service has been filed in support of service of the notice on the respondent. Therefore, respondent is called and set exparte. 3. According to the petitioner, the respondent has failed to clear the invoices raised by the petitioner in terms of the Agreement dated 2/4 https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) NO.546 of 2024 12.01.2022 and hence the petitioner issued a legal notice/arbitration notice dated 22.04.2023. Pursuant to which, the respondent issued a reply notice on 20.05.2024 admitting liability. Despite admitting its liability, the respondent failed to clear the invoices and has not come forward to settle the claim of the petitioner. 4. Despite opportunities given, no counter has been filed by the respondent. I have gone through the submissions made in the Section 11 Petition and I am satisfied with the existence of a valid agreement between the parties and also the arbitration Clause i.e., Clauses 15(ii) of Annexure B incorporated in the contract viz., Agreement dated 12.01.2022 and accordingly, the petitioner is entitled to seek appointment of a sole Arbitrator. MR.A.J.JAWAD, Advocate, having address at No.5/1, Jagajeevan Ram Avenue, East Coast Road, Injambakkam, Chennai – 600 115, Cell: 98400 87114, E.mail:ajjawad62@gmail.com is appointed as the Sole Arbitrator. The sole Arbitrator is directed to issue notice to the respondent and thereafter, adjudicate the disputes between the parties, in accordance with law. The learned counsel for the petitioner is directed to communicate the said appointment to the learned Arbitrator to expedite the 3/4 https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) NO.546 of 2024 proceedings. P.B.BALAJI.J, rkp 5. The learned Arbitrator is entitled to fix his fees as per the Schedule-IV to the Act. This Court further requests the learned Arbitrator to endeavor to decide the dispute as expeditiously as possible, however, not later than six (6) months from the date of his entering into reference. 6. Accordingly, this Arbitration Original Petition is allowed. 28.01.2025 rkp Index : Yes / No Internet : Yes / No Arb.O.P (COM.DIV.) No.546 of 2024 4/4 https://www.mhc.tn.gov.in/judis