Madras High Court
M/S.Nissi Engineering Solution Pvt. ... vs Aravindhan S on 19 September, 2025
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
Arb. O.P. Nos.39, 40, 43, 42,45 to 49 & 51 to 71 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. Nos.39, 40, 43, 42,45 to 49 & 51 to 71 of 2025
M/s.NISSI Engineering Solution Pvt. Ltd.
Rep. by its Authorised Signatory Mr.M.Karthikeyan
Plot No.263 & 264, 15th Street, Venkatachalam Nagar
Thirumullaivoyal, Chennai, Tamil Nadu 600 062
Having Operating Office
No.14, Shanthi Street, Hospital Road
(Opp. Stedford Hospital), Cholapuram
Ambattur, Chennai 600 053
Having Branch Office
No.27/14, Kuppusamy Nagar, Second Street
Ayanavaram, Chennai 600 023 ...Petitioner in all O.Ps
Vs.
Aravindhan S ...Respondent in Arb. O.P.39/2025
Thabeeb Mohamed Burvez M ...Respondent in Arb. O.P.40/2025
Karuppasamy S ...Respondent in Arb. O.P.43/2025
Kinsleen R ...Respondent in Arb. O.P.42/2025
Selva Kumar M ...Respondent in Arb. O.P.45/2025
Karthik D ...Respondent in Arb. O.P.46/2025
Ranjithkumar M ...Respondent in Arb. O.P.47/2025
Karthikeyan M ...Respondent in Arb. O.P.48/2025
Siva M ...Respondent in Arb. O.P.49/2025
Udaya Abinesh R ...Respondent in Arb. O.P.51/2025
Manikandan S ...Respondent in Arb. O.P.52/2025
Akilan M ...Respondent in Arb. O.P.53/2025
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Arb. O.P. Nos.39, 40, 43, 42,45 to 49 & 51 to 71 of 2025
Kannan B ...Respondent in Arb. O.P.54/2025
MD Shah Alam ...Respondent in Arb. O.P.55/2025
Kasi Vishal K.P. ...Respondent in Arb. O.P.56/2025
Ajithkumar A ...Respondent in Arb. O.P.57/2025
Abdul Mukshith C.J. ...Respondent in Arb. O.P.58/2025
Shuvam Mitra ...Respondent in Arb. O.P.59/2025
Vinoth M ...Respondent in Arb. O.P.60/2025
Santhosh Kumar S ...Respondent in Arb. O.P.61/2025
Anbu Manikandan D ...Respondent in Arb. O.P.62/2025
Mohamed Safeek P ...Respondent in Arb. O.P.63/2025
Immanuel Raja A ...Respondent in Arb. O.P.64/2025
Godson J ...Respondent in Arb. O.P.65/2025
Guruprasath C ...Respondent in Arb. O.P.66/2025
Hakkim Arsath M ...Respondent in Arb. O.P.67/2025
Mohamed Rilwan A ...Respondent in Arb. O.P.68/2025
Sureshkumar M ...Respondent in Arb. O.P.69/2025
Mohamed Hasan M ...Respondent in Arb. O.P.70/2025
Karthikeyan M ...Respondent in Arb. O.P.71/2025
Petitions filed under Section 11(5) of the Arbitration and Conciliation Act,
1996, to appoint a sole Arbitrator to adjudicate all the disputes between the
petitioner and the respondent based on the terms of agreement for training-cum-
services dated 08.02.2023, 13.11.2023, 29.11.2022, 10.08.2022, 04.09.2023,
27.11.2023, 17.10.2023, 27.11.2023, 13.12.2022, 06.12.2022, 25.04.2022,
22.05.2023, 26.10.2022, 18.01.2024, 03.10.2023, 18.06.2024, 17.07.2023,
20.02.2024, 19.12.2022, 14.06.2023, 11.09.2023, 21.08.2023, 25.02.2022,
19.06.2023, 25.09.2023, 21.08.2023, 02.02.2023, 02.08.2023, 01.10.2024 and
24.07.2023, respectively.
For petitioner : Mr.T.Harish Chowdhary
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Arb. O.P. Nos.39, 40, 43, 42,45 to 49 & 51 to 71 of 2025
in all Arb. O.Ps
COMMON ORDER
These petitions have been filed under Section 11(5) of the Arbitration and
Conciliation Act, 1996 (in short “the Act”), for appointment of a sole Arbitrator to
adjudicate the disputes between the petitioner and the respondents in each petition
based on the terms of agreement for training-cum-services dated 08.02.2023,
13.11.2023, 29.11.2022, 10.08.2022, 04.09.2023, 27.11.2023, 17.10.2023,
27.11.2023, 13.12.2022, 06.12.2022, 25.04.2022, 22.05.2023, 26.10.2022,
18.01.2024, 03.10.2023, 18.06.2024, 17.07.2023, 20.02.2024, 19.12.2022,
14.06.2023, 11.09.2023, 21.08.2023, 25.02.2022, 19.06.2023, 25.09.2023,
21.08.2023, 02.02.2023, 02.08.2023, 01.10.2024 and 24.07.2023, respectively.
2. Notice on the sole respondent in Arb.O.P.Nos.39, 40, 43, 42, 45, 46, 49,
51, 52, 53, 55 to 59, 62, 64, 65, 66, 67, 70 & 71 was effected through paper
publication and affidavit of service has also been filed. Insofar as the sole
respondent in Arb.O.P.Nos.47, 48, 54, 61, 63 & 69 of 2025, name of the
respondent has also been printed in the cause list. There is no appearance either in
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Arb. O.P. Nos.39, 40, 43, 42,45 to 49 & 51 to 71 of 2025
person or through counsel for any of the above respondents. Hence, this Court
heard the learned counsel for the petitioner and Mr.J.Antony Jesuraja, learned
counsel for the sole respondent in Arb.O.P.Nos.60 & 68 of 2025 and carefully
perused the materials available on record.
3. The petitioner is a private limited company and in the course of their
business, the respondents were appointed as employees in their designation as
Engineers. The petitioner company and the respondents also signed an agreement
for training-cum-service. As per the relevant clause in the agreement, the
respondents are required to undergo a mandatory training period for two years and
after the mandatory training period, based on the performance of the respondents,
the petitioner company will extend the employment for another two years. The
respondents also agreed for the said condition imposed by the petitioner company.
4. The agreement also specifically provided that it will be left open to the
respondents to show their willingness to resign from the petitioner company only
after successfully completing the agreed four year tenure with the petitioner
company.
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Arb. O.P. Nos.39, 40, 43, 42,45 to 49 & 51 to 71 of 2025
5. The grievance of the petitioner company is that the respondents have
abandoned their services from the petitioner company, without paying the
compensation as contemplated under the agreement for resignation. Even though
several attempts were made for recovering the amount or to hand over the assets of
the company, such attempts proved futile.
6. The agreement provides for resolving the dispute through Arbitral
Tribunal under Clause 28 of the agreement. Hence, trigger notices were issued
under Section 21 of the Act on 20-1-2025, 14-2-2025, 24-12-2024, 20-1-2025,
25-3-2025, 20-1-2025, 24-12-2024, 24-12-2024, 24-12-2024, 14-2-2025,
24-12-2024, 20-1-2025, 20-1-2025, 14-2-2025, 24-12-2024, 14-2-2025,
20-1-2025, 24-12-2024, 24-12-2024, 20-1-2025, 14-2-2025, 24-12-2024,
24-12-2024, 14-2-2025, 24-12-2024, 24-12-2024, 24-12-2024, 24-12-2024,
25-3-2025 and 4-2-2025. In spite of receipt of the same, the respondents failed to
accord their consent. The petitioner was also not in a position to appoint an
Arbitrator unilaterally, in the light of the judgment of the Apex Court. It is under
these circumstances, all these petitions have been filed before this Court seeking
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Arb. O.P. Nos.39, 40, 43, 42,45 to 49 & 51 to 71 of 2025
for appointment of an Arbitrator.
7. In the considered view of this Court, there is existence of a valid
arbitration clause in the agreement and the agreement is perfectly in line with
Section 7 of the Act. Hence, this Court is inclined to appoint an Arbitrator.
Accordingly, Mr.K.V.Babu, Advocate (E.No.971/1990) (Mobile No.98400 75917),
F-101, Subiksha Trinity, No.9/14, 4th Street, Bakthavatchalam Nagar, Adyar,
Chennai-600 020, is appointed as sole Arbitrator and the learned Arbitrator shall
adjudicate the disputes between the parties and render an award.
8. Even though each petition deals with individual agreements, the issue that
is involved in all cases is common. Hence, the learned Arbitrator shall hear all the
claim petitions and while fixing the fees, the learned Arbitrator shall claim the fees
in accordance with the Madras High Court Arbitration Centre (MHCAC)
(Administrative Cost and Arbitrator's Fees) Rules 2017 and in line with the Fourth
Schedule, by consolidating the entire claim amount and shall fix the fees on that
consolidated amount.
These applications are disposed of in the above terms.
19.09.2025
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Arb. O.P. Nos.39, 40, 43, 42,45 to 49 & 51 to 71 of 2025
gya
Note : Registry to communicate this order
forthwith to the learned sole Arbitrator
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Arb. O.P. Nos.39, 40, 43, 42,45 to 49 & 51 to 71 of 2025
N. ANAND VENKATESH, J.
gya
& 51 to 71 of 2025
19.09.2025
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