Madras High Court
Aviagen India Poultry Breeding ... vs R.Geetha Ranjani on 30 March, 2023
Arb.O.P (Com.Div.) No.24 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.03.2023
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY
Arb.O.P (Com.Div.) No.24 of 2023
Aviagen India Poultry Breeding Company Private Limited,
Represented by D.Vijayakumar-Finance Director & Company
Secretary,
A company registered under the
provisions of the Companies Act, 1956
Having its registered office at
Elayamuthur, PO Gandhinagar,
Udumalpet Taluk,
Tiruppur, Tamil Nadu 642 154.
... Petitioner
Vs.
R.Geetha Ranjani
Sole Proprietor of Global Vet Enterprises,
Having its registered office at
No.61A, Pound Street, RP Pudhur Road,
Namakkal District, Tamil Nadu 631 001
... Respondent
[***Respondent amended as per the order
dated 16.03.2023 in Application No.1552
of 2023 in Arb.O.P.No.24 of 2023]
1/25
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
Arbitration Original Petition filed under Section 11(5) of the
Arbitration and Conciliation Act, 1996 to appoint an arbitrator to adjudicate
on the disputes inter se the petitioner and the respondent arising out of Bill
of Supply/Invoice No.668 dated 30.04.2019, Supply/Invoice No.84 dated
10.08.2019 and Supply/Invoice No.276 dated 25.11.2019.
For Petitioner : Mr.Muthuccharan Sundresh
For Respondent : Mr.S.Senthil
ORDER
This Arbitration Original Petition has been filed to appoint an
arbitrator to adjudicate on the disputes inter se the petitioner and the
respondent arising out of Bill of Supply/Invoice No.668 dated 30.04.2019,
Supply/Invoice No.84 dated 10.08.2019 and Supply/Invoice No.276 dated
25.11.2019.
2. The learned counsel for the petitioner would submit that the
petitioner-company was incorporated under the Companies Act, 2013,
which is engaged in the business of supplying day old grand parent and
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
parent stock chicks worldwide. The respondent approached the petitioner in
May 2016 for the supply of the Parent Stock Chicks. From May 2016 to
November 2019, the respondent placed several orders and the same was
supplied by the petitioner. However, since 2019, the respondent started to
delay the payments of the invoices raised by the petitioner. Thereafter, the
respondent had completely stopped making the payments.
3. It was further submitted by the learned counsel for the petitioner
that as per Clause 4.3 of the General terms and conditions of Sale, the
respondent is liable to make payments for the invoices within 15 days from
the date of delivery of the products. However, in spite of the several
reminders made by the petitioner and repeated assurance made by the
respondent, the respondent had not paid the pending overdue of a sum of
Rs.40,53,500/- along with interest till date. Initially, the petitioner sent a
letter dated 06.05.2021 as a reminder for the said debt. Thereafter, a demand
notice was also sent by the petitioner on 30.06.2021. Since the respondent
had not replied to the aforesaid letter and demand notice, the petitioner was
constrained to issue a notice dated 06.09.2022, under Section 21 of the
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
Arbitration and Conciliation Act, 1996 (hereinafter called as “the Act”).
Thereafter, the respondent, vide reply notice dated 15.09.2022, contested
with regard to the validity of the arbitration clause. Hence, this present
Arbitration Original Petition has been filed.
4. Per contra, the learned counsel for the respondent would submit
that the petitioner assured to supply a greater number of parents stocks
with good egg yielding performance. Despite following all the
recommendation and suggestions made by the petitioner, the parent chicks
did not lay maximum number of egg as assured by the petitioner and when
the respondent decided to terminate their business with the petitioner, the
petitioner had forced the respondent to purchase more batches of parent
chicks, due to which the respondent had faced continuous loss in business.
The respondent informed the petitioner about the huge monetary loss and
business loss over those batches of parent flocks, which was forcefully
supplied by the petitioner.
5. The learned counsel for the respondent would further submit that
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
after the receipt of the demand notice dated 30.06.2021 from the petitioner,
the respondent personally met the decision making personnel of the
petitioner and explained the loss faced by him. The learned counsel would
also contend that since the petitioner promised to right off the outstanding
amount of Rs.40,53,500/-, the respondent had no obligation to pay the
amount under Invoice Nos.668, 84 and 276. Thereafter, when the petitioner
sent a notice invoking arbitration proceeding, the respondent vide its reply
notice dated 15.09.2022 refused the same and contested the validity of the
arbitration clause. In this regard, he referred to the judgement rendered by
this Court in NSK India Sales Company Private Limited vs. Proactive
Universal Trading Company Private Limited, reported in 2015-4-LW-417.
Therefore, he would submit that this petition is liable to be dismissed.
6. Having heard the learned counsel for the parties and on going through the
pleadings and materials placed on record, the issue arises for consideration
is whether there is a valid and binding arbitration agreement between the
parties providing for resolution of the dispute through the mode of
arbitration?
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
7. The learned counsel for the petitioner would contend that the
respondent placed several purchase orders on the petitioner, whereupon the
petitioner raised invoices upon the respondent to the extent and value of the
products supplied and along with Invoices, terms and conditions of sale
were enclosed and served on the respondent, wherein, Clause 18 provides
arbitration in case of dispute arises in regard to the transactions. He would
also contend that the respondent acknowledge the receipt of the goods and
made payments and therefore, once the respondent acknowledged the
receipt of goods and the invoices which appended terms and conditions of
sale, containing an arbitration clause, the same is binding upon the
respondent. In this regard, he relied upon a decision of the Delhi High
Court in “Swastik Pipe Ltd versus Ms.Dimple Verma (Arb.P.No.
100/2021). He would further contend that the respondent never denied the
placement of purchase orders, receipt of Invoices and goods and
acknowledged the terms and conditions of sale appended to the Invoices,
containing arbitration clause.
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
8. The learned counsel for the petitioner would refer to Section
7(4)(b) of the Act and contend that the arbitration agreement need not be in
a particular form as alleged by the respondent, but it can be derived from
exchange of letters, telex, telegram or other means of communication,
including through electronic means and once having placed purchase orders
and received the goods and Invoices including terms and conditions of sale,
it is prima facie sufficient that the respondent is ad idem even though the
respondent did not have signed the terms and conditions of sale which
cannot absolve the respondent from the liability under the agreement. In
this regard, he relied upon a decision of the Hon'ble Supreme Court in
“MTNL versus Canara Bank, reported in (2020) 12 SCC 767. Therefore,
the learned counsel for the petitioner would contend that the respondent has
been in receipt of multiple supplies, each containing the invoice along with
the terms and conditions of sale forming part of the invoice and having
never once raised any demur regarding the terms and conditions of sale and
despite of notice and reminders, the respondent has not come forward with
repayment of dues, which prompted the petitioner to issue the notice under
Section 21 of the Act, invoking arbitration clause contained in the terms and
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
conditions of sale appended to each invoice, but the respondent has refused
the same. Hence, the learned counsel seeks appointment of the Arbitrator.
9. On other hand, the learned counsel appearing for the respondent
would contend that since the petitioner sustained huge loss in the course of
business due to the sub standard quality of parent birds supplied by the
petitioner, outstanding amount was assured to be set off by the petitioner,
however, without keeping up his assurance, the petitioner issued arbitration
notice dated 08.09.2022 to which, the respondent has issued reply notice
dated 15.09.2022, refusing the arbitration for want of valid arbitration
clause. He would contend that it is mandatory that every arbitration
agreement must be in writing and signed by both parties, whereas in the
present case, there is no declaration form signed by the respondent, binding
upon the terms and conditions of sale and that Bills of Supply were never
signed by the respondent. The learned counsel would further contend that
the respondent has not given his express consent for arbitration of dispute
through any other modes enumerated under Section 7 of the Act and the
delivery challan signed by the staff of the respondent does not contain
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
arbitration clause. He would point out that absolutely, there is no document
to show that both parties have agreed for arbitration to arbitrate the dispute
between them and Clause 18 of the terms and conditions of sale relied upon
by the petitioner does not constitute as a valid and binding arbitration
agreement. Therefore, in the absence of arbitration agreement between the
parties, the petitioner cannot invoke and seek the appointment of the
arbitrator and if at all the petitioner is aggrieved of any claim against the
respondent, it can approach the Civil Court in accordance with law. In
support of his contentions, he relied upon the decisions reported in “NSK
India Sales Company Pvt.Ltd., Chennai versus Proactive Universal
Trading Company Pvt.Ltd., New Delhi” reported in 2015 SCC OnLine
Mad 14146; “Yogi Agarwal versus Inspiration Clothes” reported in (2009)
1 SCC 372; “Alupro Building Systems Pvt.Ltd. Versus Ozone Overseas
Pvt.Ltd.” reported in 2017 SCC OnLine Del 7228; and “Concrete Additives
and Chemicals Ltd. versus S.N.Engineering Services Pvt.Ltd.” reported in
2022 SCC OnLine Bom 8034.
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
10. It is a settled proposition of law that the existence of a valid
arbitration agreement under Section 7 of the Act is sine-qua-non for a Court
to exercise its powers to appoint an arbitrator/arbitral tribunal under Section
11 of the Act.
11. The Arbitration and Conciliation Act, 1996, define “Arbitration
Agreement” as an agreement referred to in Section 7 of the Act, which
describes ‘Arbitration Agreement’ to mean an agreement by the parties to
submit to arbitration all or certain disputes, which have arisen or which may
arise between them, in respect of a defined relationship, whether contractual
or not. An Arbitration Agreement may be in the form of arbitration clause,
in a contract or it may exist in the form of separate agreement, the rider
being it shall be in writing.
12. Sub-section (4) of Section 7 has expanded the scope of sub-
section (1) in the following manner :
“(4) An arbitration agreement is in writing if it is contained in—
(a) a document signed by the parties;
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
(b) an exchange of letters, telex, telegrams or other
means of telecommunication which provide a record of the
agreement; or
(c) an exchange of statements of claim and deface in
which the existence of the agreement is alleged by one party
and not denied by the other.
Sub-section (5) of Section 7 offer a further clarification as under :-
“(5) The reference in a contract to a document
containing an arbitration clause constitutes an arbitration
agreement if the contract is in writing and the reference is
such as to make that arbitration clause part of the contract”.
13. In fact, the Arbitration clause by itself constitutes an agreement
and no strict format is prescribed as to what would contemplate an
arbitration agreement. Though no particular form is needed to bring into
existence an arbitration agreement, but one thing is certain that the words
“must unequivocally” indicate the agreement between the parties to be
referred for arbitration. The intention of the parties must be inferred from
the terms of the contract, conduct of binding contract between the parties.
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
14. In the present case, the petitioner relied upon the Invoices and
Bills of Supply, which were acknowledged by the respondent after receipt
of the supply and made payments also, which accompanied terms and
conditions of sale, wherein, Clause 18 refers arbitration in case any dispute
arises between the parties. Therefore, by virtue of acceptance of Invoices
and Bills of supply by the respondent which contained arbitration clause, it
would clearly indicate the intention of the respondent that he is inclined to
go for arbitration and thereby, it would clearly establish that the parties were
ad idem and even though the respondent has not signed the document, it
cannot absolve him from the liability under the agreement.
16. In this regard, it is worthwhile to refer the following judgments of
the Hon'ble Supreme Court and other High Courts, which are summarized
as follows:
a) In a judgement of the Hon'ble Supreme Court, in MTNL versus
Canara Bank ((2020) 12 SCC 767), wherein, in para 9 to 9.5, the existence
of a valid arbitration agreement, came to be reiterated:
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
“9. THE EXISTENCE OF A VALID ARBITRATION
AGREEMENT: A valid arbitration agreement constitutes the
heart of an arbitration. An arbitration agreement is the
written agreement between the parties, to submit their
existing, or future disputes or differences, to arbitration. A
valid arbitration agreement is the foundation stone on which
the entire edifice of the arbitral process is structured. A
binding agreement for disputes to be resolved through
arbitration is a sine-qua-non for referring the parties to
arbitration.
9.1 Section 7 defines “arbitration agreement” and
reads as follows :
7. Arbitration agreement. –
(1) In this Part, “arbitration agreement”
means an agreement by the parties to submit to
arbitration all or certain disputes which have arisen
or which may arise between them in respect of a
defined legal relationship, whether contractual or
not.
(2) An arbitration agreement may be in the
form of an arbitration clause in a contract or in the
form of a separate agreement.
(3) An arbitration agreement shall be in
writing. (4) An arbitration agreement is in writing if
it is contained in-
(a) A document signed by the parties;
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
(b) An exchange of letters, telex, telegrams
or other means of telecommunication which
provide a record of the agreement; or
(c) An exchange of statements of claim and
defence in which the existence of the
agreement is alleged by one party and not
denied by the other.
(5) There reference in a contract to a document
containing an arbitration clause constitutes an
arbitration agreement if the contract is in writing
and the reference is such as to make that arbitration
clause part of the contract.
9.2. The arbitration agreement need not be in any particular
form. What is required to be ascertained is the intention of
the parties to settle their disputes through arbitration. The
essential elements or attributes of an arbitration agreement is
the agreement to refer their disputes or differences to
arbitration, which is expressly or impliedly spelt out from a
clause in an agreement, separate agreement, or
documents/correspondence exchanged between the parties.
9.3. Section 7(4)(b) of the 1996 Act, states that an
arbitration agreement can be derived from exchange of
letters, telex, telegram or other means of communication,
including through electronic means. The 2015 Amendment
Act inserted the words “including communication through
electronic means” in Section 7(4)(b). If it can prima facie be
shown that parties are ad idem, even though the other party
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
may not have signed a formal contract, it cannot absolve him
from the liability under the agreement.
9.4. Arbitration agreements are to be construed
according to the general principles of construction of
statutes, statutory instruments, and other contractual
documents. The intention of the parties must be inferred from
the terms of the contract, conduct of the parties, and
correspondence exchanged, to ascertain the existence of a
binding contract between the parties. If the documents on
record show that the parties were ad idem, and had actually
reached an agreement upon all material terms, then it would
be construed to be a binding contract.
The meaning of a contract must be gathered by
adopting a common sense approach, and must not be allowed
to be thwarted by a pedantic and legalistic interpretation.
9.5. A commercial document has to be interpreted in
such a manner so as to give effect to the agreement, rather
than to invalidate it. An ‘arbitration agreement’ is a
commercial document inter partes, and must be interpreted
so as to give effect to the intention of the parties, rather than
to invalidate it on technicalities.”
A perusal of Clauses 9.3 & 9.4 of the above judgment, it is clear that
if it is proved that parties are ad idem, even though the other party may not
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
have signed a formal contract, it cannot absolve him from the liability under
the agreement. In the present case, there is exchange of communication by
way of Invoices and Bills of supply between the parties and every Invoice
and Bill of supply accompanied with terms and conditions of sale, wherein,
Clause 18 talks about arbitration in case any dispute arises between the
parties. It is not in dispute that the respondent has received Invoices and
Bills of supply and after receipt of goods, he has also made part payment
towards sale consideration and thereby, it is clear that the respondent is well
aware of the terms of conditions of sale including the arbitration clause
contained therein, but never raised any objections as regards the reference
of the dispute to the arbitration. Therefore, by means of exchange of
Invoices and Bills of supply between the parties, it is clear that the parties
are ad idem and though the respondent has not signed the formal contract, it
cannot absolve him from the liability under the agreement and the intention
of the parties is also clear that if any dispute arises, it shall be resolved by
way of arbitration. Further, in Clause 9.5 of the above judgment, the
Hon'ble Supreme Court has observed that a commercial document has to be
interpreted in such a manner so as to give effect to the agreement, rather
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
than to invalidate it. In the present case, upon placing the purchase orders
by the respondent, the petitioner supplied the goods in terms and conditions
of the sale which were appended to the Invoices and Bills of supply and
hence, it can be safely interpreted that the Invoices and Bills of supply along
with terms and conditions of sale as commercial documents. In fact, upon
placing the purchase orders by the other party, the supplier, having acceded
to the request of the other party, used to supply the goods along with
invoices. The general practice of the business world is that once the other
party having received the goods along with Invoices attached with terms
and conditions of sale, as long as no objection has been raised by him, it
would mean that he accepted the terms and conditions and thereby, he shall
abide by the same. Merely because the terms an conditions of sale were not
signed by the other party though by implication, it is clear that he accepted
the same, it cannot be interpreted in negative as it would be disastrous
construction that may affect the business world and even the party who
supplied the goods may suffer loss and face difficulties. A commercial
document must be interpreted in such a way so as to give effect to the
agreement rather than to invalidate it on technicalities.
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
Applying the above ratio laid down by the Hon'ble Supreme Court in
the above judgment to the present case, no doubt, it is clear that there is
valid arbitration agreement and Clause 18 contained therein, refers to
arbitration if any dispute arises between the parties. Having regard to the
proposition of law laid down by the Hon'ble Supreme Court in the above
judgment, this Court is of the considered view that the reliance placed by
the learned counsel for the respondent on the judgment of this Court in the
case of “NSK India Sales Company Pvt.Ltd. and in the cases of Yogi
Agarwal and Alupro /building System Pvt. Ltd. (cited supra), will not be
applicable to the present case as the same are not inconsonance with the law
laid down by the Hon'ble Supreme Court in the above judgment.
b) In the case of “Swastik Pipe Ltd versus Ms.Dimple Verma”
(Arb.P.No.100/2021), the Delhi High Court, has held in para 11 as under:
“11. In the case in hand, it is not disputed by the learned
counsel for the respondent that it had earlier received similar
tax invoices from the petitioner against which the payments
have been made to the petitioner. Leaned counsel for the
petitioner has not disputed that the tax invoices for which claim
has been made has not been received by the respondent. If that
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
be so, respondent cannot disown the clear stipulation in the tax
invoice with regard to any dispute being referred to arbitration.
Even the Coordinate Bench of this Court in “Swastik Pipe Ltd.
(supra) in a very detailed Judgement by referring to the various
judgments including Scholar Publishing House Pvt. Ltd.
(supra), Lewis W. Fernandes (supra) and other judgments has
in Para 16 held as under and refer the matter for arbitration by
appointing an arbitrator:
“16. As noted above, SRAPL has elected to stay
away from the present proceedings. Despite service of
notice, they have chosen not to appear, for reasons best
known to them. They have not filed a reply to deny the
assertion, both in response to the legal notice invoking
arbitration, as well as to the present petition. The
consequence of such non-appearance is that the
assertion of existence of the arbitration agreement is
unrebutted. Thus, prima facie, it can be inferred that the
arbitration agreement exists between the parties.”
c) In the case of “Swastik Pipe Ltd versus Shri Ram Autotech
Pvt.Ltd.” (Arb.P.No.241/2021), a Coordinate Bench of the Delhi High
Court has held as under:
“15. It must also be noted that the commercial dealing
between the parties is demonstrated from the documents
placed before this Court by SPL. Copy of the ledger of SPL, as
placed on record, exhibits that the parties have been
transacting with each other for some time, and some of the
invoices raised by SPL have been paid by SRAPL during the
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
same time period as well. Now, if there is sufficient material
on record to establish that the condition/clause in the invoices
were accepted and acted upon, the parties would be ad idem,
and arbitration agreement could be safely inferred....”
17. In present case, admittedly, the respondent, on several occasions,
has placed purchase orders and acknowledged the receipt of the supplies
and Invoices made by the petitioner and made payments thereof. It is not in
dispute that along with the Invoices, the petitioner appended the terms and
conditions of sale, wherein, Clause 18 refers to arbitration in case any
dispute arises between the parties to be resolved by a sole Arbitrator.
Clause 18 reads as under:
“18. Dispute Resolution:
18.1 These conditions, the order and any dispute or claim
arising out of or in connection with them of their subject matter or
formation (including non-contractual disputes or claims) shall
governed by and construed in accordance with the Indian Law. All
disputes shall be subject to arbitration, by a sole arbitrator at
Chennai. Subject to the arbitral remedy, the parties hereby submit
to the exclusive jurisdiction of the Indian Courts. It shall be open
to Aviagen to seek interim protection of its Day Old Chicks and to
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
seek custody thereof, by way of interim reliefs, pending any
arbitral proceedings.
18.2 In cases where dispute inter alia pertains to breach of
Clauses 5.1, 5.2 or 5.6 hereof, Aviagen sha have the right to seek
by way of interim protection, receivership of the establishment of
the Purchaser, a well as restraining order to prevent any sale of
chicks by Purchaser until the dispute is resolved through
arbitration.”
18. This was never disputed by the respondent, but only contended
that there is no conscious agreement between the parties to refer the
disputes for adjudication and merely because the tax invoice which was
issued in respect of the purchase orders provided for an arbitration, such
invoices would not bring about an arbitration agreement and further, he has
not signed the document, expressing willingness to get the dispute resolved
by way of arbitration.
19. However, in the light of the above discussion and having regard to
the facts and circumstances of the present case and the relevant case laws
rendered by the Hon'ble Supreme Court and other High Courts cited supra,
and since the parties have acted upon the invoices and there was no denial
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
of the invoices and bills of supply raised by the petitioner, the clause
contained in the terms and conditions of sale appended to the Invoices and
bills of supply, which clearly stipulate a reference to arbitration, i.e. Clause
18, this Court is of the considered view that it deserves to be construed as an
arbitration clause and thereby constitute a valid arbitration agreement
binding on the parties, irrespective of the respondent not signed the
document and the same would squarely fall within the ambit of Section 7 of
the Arbitration and Conciliation Act, 1996. Accordingly, this Court has no
hesitation to hold that there is a valid and binding arbitration agreement
between the parties providing for resolution of the dispute through the mode
of arbitration.
20. In fact, since the respondent refused to make payment of
outstanding dues, the petitioner invoked arbitration Clause contained in the
terms and conditions of sale appended to Invoices and Bills of Supply sent
to the respondent upon placing the purchase orders by him. As regards the
subject claim for a sum of Rs.40,53,500/- is concerned, the respondent
never disputed the same, but as could be seen from the counter, it is the
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
version of the respondent that since the respondent incurred huge loss in the
course of business due to the substandard quality of parent birds supplied by
the petitioner, the petitioner promised to right off the outstanding amount of
Rs.61,90,000/- in the AY 2022-23, but this was denied by the petitioner.
These respective claims of the parties are subject to the arbitration, wherein,
both the parties can establish their stands and this Court is not inclined to
express any view in this aspect.
21. In the light of the above discussion, I am persuaded to exercise
the powers under sub-section 6 of Section 11 of the Act and pass the
following order :
i) Mr.Hon'ble Mr.Justice N.Kirubakaran (Rtd.,),
residing at No.36, 2nd Cross Street, Rayala Nagar, Ramapuram,
Chennai 600 089, Contact No.9445025454, is appointed as
sole arbitrator to enter upon reference and adjudicate the
disputes inter se the parties.
ii) The learned Arbitrator appointed herein, shall after
issuing notice to the parties and upon hearing them, pass an
award as expeditiously as possible, preferably within a period
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
of six months from the date of receipt of the Order. The
learned Arbitrator shall pass award on merits without being
influenced by any of the observations made in this order.
iii) The learned Sole Arbitrator appointed herein shall be
paid fees and other incidental charges, fixed by him and the
same shall be borne by the parties equally. In the event of
non-appearance of the respondent, the petitioner shall bear the
entire remuneration and other expenses and thereafter, the
petitioner can recover the same directly from the respondent.
22. This Arbitration Original Petition is ordered accordingly, leaving
the parties to bear their own costs. Since this Court has appointed an
Arbitrator, it is open to the petitioner as well as the respondent to make all
their claims under the provisions of Arbitration and Conciliation Act 1996
before the learned Arbitrator.
30.03.2023
Speaking/Non-speaking order
Index : Yes / No
Neutral Citation: Yes / No
suk
https://www.mhc.tn.gov.in/judis
Arb.O.P (Com.Div.) No.24 of 2023
KRISHNAN RAMASAMY.J.,
suk
Arb.O.P (Com.Div.)No.24 of 2023
30 .03.2023
https://www.mhc.tn.gov.in/judis
