Madrasdated High Court · 2025
Case Details
Acts & Sections
Arb O.P No. 14 of 2025Chennai, 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 (s)VsChandan Kumar Yadav..Respondent(s)Arb O.P No. 27 of 2025M s Nissi Engineering Solution Pvt LtdRepresented by its Authorized signatory Mr.M.Karthikeyan, Plot No.263 and 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 (s)VsAnup Kumar Singh..Respondent(s)Arb O.P No. 16 of 2025M/s.Nissi Engineering Solution Pvt Ltd.Represented by its Authorized Signatory Mr.M.Karthikeyan, Plot No 263 and 264,15th Street,VenkatachalamNagar, Thirumullaivoyal Chennai-600062 Having Branch office No 27/14,Kuppusamy Nagar,Second Street, Ayanavaram Chennai-600 023..Petitioner (s)Vs__________Page 2 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025Mr.Bhuvaneshwaran.R..Respondent(s)Arb O.P No. 15 of 2025M/s.Nissi Engineering Solution Pvt Ltd.Represented by its Authorized Signatory Mr.M.Karthikeyan, Plot No 263 and 264,15th Street,VenkatachalamNagar, Thirumullaivoyal Chennai-600062 Having Branch office No 27/14,Kuppusamy Nagar,Second Street, Ayanavaram Chennai-600 023..Petitioner (s)VsMr.Srisiva.G..Respondent(s)Arb O.P No. 23 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Anantha Krishnan.R..Respondent(s)Arb O.P No. 25 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Mohamed Yasin S..Respondent(s)Arb O.P No. 29 of 2025M/s.Nissi Engineering Solution Pvt Ltd.Represented by its Authorized Signatory Mr M __________Page 3 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025Karthikeyan, Plot No 263 and 264,15th Street,Venkatachalam Nagar, Thirumullaivoyal,Chennai-600062 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 (s)VsMr.Nandhakumar.R..Respondent(s)Arb O.P No. 24 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Manjeet SinghNo.21,Majhaula, Aligarh, Uttar Pradesh-202134...Respondent(s)Arb O.P No. 30 of 2025M/s.Nissi Engineering Solution Pvt.Ltd.Represented by its Authorized Signatory Mr.M.Karthikeyan, Plot No 263 and 264,15th Street, Venkatachalam Nagar, Thirumullaivoyal Chennai,Tamil Nadu-600062 Having operating office No.14,Shanthi Street,Hospital Road,__________Page 4 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025 Opp Stedford Hospital Cholapuram Ambattur Chennai-600 053 Having Branch office. No.27/14,Kuppusamy Nagar,Second Street, Ayanavaram Chennai-600023...Petitioner (s)VsMr.Ponyugash..Respondent(s)Arb O.P No. 17 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Deepak.S..Respondent(s)Arb O.P No. 20 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Pozhilan.C..Respondent(s)Arb O.P No. 21 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Bharath Kumar.K..Respondent(s)__________Page 5 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025Arb O.P No. 19 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Mohamed Aslam.V.M..Respondent(s)Arb O.P No. 18 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Sarguru.M..Respondent(s)Arb O.P No. 26 of 2025M/s. Nissi Engineering Solution Pvt. Ltd.Represented by its Authorized signatory Mr.M.Karthikeyan, Plot No.263 and 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 (s)VsElangovan V E..Respondent(s)Arb O.P No. 14 of 2025__________Page 6 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025i.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 18.10.2022.under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 28 of 2025i.Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 30.05.2022 under the Arbitration and Conciliation Act, 1996 as amended till date. ii.Pass any such further orders as this Honble Court may deem fit and proper under the facts of the case.Arb O.P No. 27 of 2025i.Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 21.08.2023 under the Arbitration and Conciliation Act, 1996 as amended till date. ii.Pass any such further orders as this Honble Court may deem fit and proper under the facts of the case.Arb O.P No. 16 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 18.01.2023 under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 15 of 2025i.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 19.12.2022 .under the Arbitration and Conciliation Act, 1996 as amended till date__________Page 7 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025Arb O.P No. 23 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 02.02.2023 under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 25 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 19.10.2022 under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 29 of 2025i.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 21.08.2023.under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 24 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 11.01.2022 under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 30 of 2025To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 04.09.2023.under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 17 of 2025__________Page 8 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 04.09.2023 under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 20 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 15.05.2023.under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 21 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 02.02.2023 under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 19 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 05.01.2023.under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 18 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 15.05.2023.under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 26 of 2025__________Page 9 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025i.Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 20.02.2023 under the Arbitration and Conciliation Act, 1996 as amended till date. ii.Pass any such further orders as this Honble Court may deem fit and proper under the facts of the case.For Petitioner(s):T. Harish Chowdhary Ashwad Elangovan M.VilasiniFor Respondent(s):Respondents are set exparte in Arb.OP.Nos.14,28,27,15,23,29,24,30,17, 20,19 and 18 of 2025Mr.M.Premkumar in Arb.O.P.No.16/25Mr.E.Vasanth in Arb.O.P.No.25/25Mr.C.Harish in Arb.O.P.No.21/25Mr.Antony Jesuraj in Arb.O.P.No.26/25COMMON ORDERIn all these petitions, the respective respondents have been duly served with notice. The names of the respective respondents are also printed in the cause list today.__________Page 10 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 20252. These petitions have been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short “the Act”) seeking for appointment of an Arbitrator by this Court.3. There seems to be a dispute between the petitioner and the respective respondents under the respective employment contracts dated 18.10.2022, 19.12.2022, 18.01.2023, 04.09.2023, 15.05.2023, 05.01.2023, 15.05.2023, 02.02.2023, 02.02.2023, 11.01.2022, 19.10.2022, 20.02.2023, 21.08.2023, 30.05.2022, 21.08.2023 and 04.09.2023. All the employment contracts contain an arbitration clause and the same is extracted hereunder:-“28. If any dispute or difference whatsoever arising between parties hereto out of or relating to the construction meaning and operation or effect of this agreement or breach thereof, which cannot be settled between the parties shall be settled in accordance with the provisions of arbitration & Conciliation Act, 1996, by referring the dispute to a Sole Arbitrator appointed by the COMPANY and the award made in pursuance thereof shall be final and binding on the parties.The venue of the Arbitration shall be at Ambattur, Chennai. The arbitration proceedings shall be conducted with this agreement.29. Only the Courts in the City of Ambattur, __________Page 11 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025Chennai shall have exclusive jurisdiction to the exclusion of all other Court of any other place in respect of any matter covered by or arising out or connected with this agreement.”4. The petitioner has invoked arbitration separately in respect of each of the employment contracts by issuing notice to the respective respondents to comply with the requirements of Section 21 of the Act. Since there has been no consensus between the parties with regard to the name of the Arbitrator, these petitions have been filed under Section 11 of the Act seeking for appointment of an Arbitrator by this Court.5. Mr.M.Premkumar, Mr.C.Harish, Mr.E.Vasanth and Mr.Antony Jesuraj, learned counsels, who have entered appearance on behalf of the respondents in Arb.O.P.Nos.16,21,25 & 26 of 2025 respectively, would submit on instructions that the respondents in the said OPs do not have any objection for this Court appointing an Arbitrator. However, they seek liberty for the respective respondents to raise all objections including the plea of arbitrability of the dispute before the Arbitrator either under Section 16 of the Act or through the statement of defence filed in the arbitral proceedings. __________Page 12 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 20256. Eventhough the respondents have been duly served in Arb.OP.Nos.14,28,27,15,23,29,24,30,17, 20,19 and 18 of 2025, they remain unrepresented. The affidavit of service which has been filed by the learned counsel for the petitioner also confirms that the respondents in those petitions have been duly served with notice. In view of the same, the respondents in Arb.OP.Nos.14,28,27,15,23,29,24,30,17, 20,19 and 18 of 2025 are set exparte by this Court.7. Since there exist an arbitration clause in the respective employment contracts, which are the subject matter of the dispute in these petitions, and since the petitioner has invoked arbitration by issuing notice to the respective respondents in compliance with Section 21 of the Act, and since there has been no consensus between the parties with regard to the name of the Arbitrator, this Court will have to appoint an Arbitrator. Accordingly, these petitions are allowed with the following directions:-(a) This Court hereby appoints Mr.M.S.Sampath, Advocate, having office at Cypress C104, Adinath Shanthinikethan, Ramakrishna Street, Mannivakkam, Chennai – 600 048, Mobile Mobile No.9841159996, as the Sole Arbitrator to adjudicate the dispute between the __________Page 13 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025petitioner and the respective respondents arising out the aforesaid respective employment contracts, which are the subject matter of these petitions.(b) The Sole Arbitrator appointed by this Court shall be paid remuneration/fees as per the schedule agreed upon by the parties to the dispute.(c) The Arbitrator shall adhere to the provisions of Arbitration and Conciliation Act, 1996. (d) The Arbitrator shall also pass the arbitral award within the stipulated period as prescribed under the Arbitration and Conciliation Act, 1996. (e) Liberty is granted to the respective respondents in these petitions to raise objections including the plea of arbitrability of the dispute before the Arbitrator either under Section 16 of the Act or through the statement of defence filed in the arbitral proceedings. 14-07-2025Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/No__________Page 14 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025RKM__________Page 15 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025ABDUL QUDDHOSE J.RKMArb O.P No. 14 of 2025ANDARB O.P NO. 28 OF 2025,ARB O.P NO. 27 OF 2025,ARB O.P NO. 16 OF 2025,ARB O.P NO. 15 OF 2025,ARB O.P NO. 23 OF 2025,ARB O.P NO. 25 OF 2025,ARB O.P NO. 29 OF 2025,ARB O.P NO. 24 OF 2025,ARB O.P NO. 22 OF 2025,ARB O.P NO. 30 OF 2025,ARB O.P NO. 17 OF 2025,ARB O.P NO. 20 OF 2025,ARB O.P NO. 21 OF 2025,ARB O.P NO. 19 OF 2025,ARB O.P NO. 18 OF 2025,ARB O.P NO. 26 OF 202514-07-2025__________Page 16 of 16.
Arb O.P No. 14 of 2025Chennai, 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 (s)VsChandan Kumar Yadav..Respondent(s)Arb O.P No. 27 of 2025M s Nissi Engineering Solution Pvt LtdRepresented by its Authorized signatory Mr.M.Karthikeyan, Plot No.263 and 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 (s)VsAnup Kumar Singh..Respondent(s)Arb O.P No. 16 of 2025M/s.Nissi Engineering Solution Pvt Ltd.Represented by its Authorized Signatory Mr.M.Karthikeyan, Plot No 263 and 264,15th Street,VenkatachalamNagar, Thirumullaivoyal Chennai-600062 Having Branch office No 27/14,Kuppusamy Nagar,Second Street, Ayanavaram Chennai-600 023..Petitioner (s)Vs__________Page 2 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025Mr.Bhuvaneshwaran.R..Respondent(s)Arb O.P No. 15 of 2025M/s.Nissi Engineering Solution Pvt Ltd.Represented by its Authorized Signatory Mr.M.Karthikeyan, Plot No 263 and 264,15th Street,VenkatachalamNagar, Thirumullaivoyal Chennai-600062 Having Branch office No 27/14,Kuppusamy Nagar,Second Street, Ayanavaram Chennai-600 023..Petitioner (s)VsMr.Srisiva.G..Respondent(s)Arb O.P No. 23 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Anantha Krishnan.R..Respondent(s)Arb O.P No. 25 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Mohamed Yasin S..Respondent(s)Arb O.P No. 29 of 2025M/s.Nissi Engineering Solution Pvt Ltd.Represented by its Authorized Signatory Mr M __________Page 3 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025Karthikeyan, Plot No 263 and 264,15th Street,Venkatachalam Nagar, Thirumullaivoyal,Chennai-600062 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 (s)VsMr.Nandhakumar.R..Respondent(s)Arb O.P No. 24 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Manjeet SinghNo.21,Majhaula, Aligarh, Uttar Pradesh-202134...Respondent(s)Arb O.P No. 30 of 2025M/s.Nissi Engineering Solution Pvt.Ltd.Represented by its Authorized Signatory Mr.M.Karthikeyan, Plot No 263 and 264,15th Street, Venkatachalam Nagar, Thirumullaivoyal Chennai,Tamil Nadu-600062 Having operating office No.14,Shanthi Street,Hospital Road,__________Page 4 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025 Opp Stedford Hospital Cholapuram Ambattur Chennai-600 053 Having Branch office. No.27/14,Kuppusamy Nagar,Second Street, Ayanavaram Chennai-600023...Petitioner (s)VsMr.Ponyugash..Respondent(s)Arb O.P No. 17 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Deepak.S..Respondent(s)Arb O.P No. 20 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Pozhilan.C..Respondent(s)Arb O.P No. 21 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Bharath Kumar.K..Respondent(s)__________Page 5 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025Arb O.P No. 19 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Mohamed Aslam.V.M..Respondent(s)Arb O.P No. 18 of 2025M/s.Nissi Engineering Solution Pvt Ltd...Petitioner (s)VsMr.Sarguru.M..Respondent(s)Arb O.P No. 26 of 2025M/s. Nissi Engineering Solution Pvt. Ltd.Represented by its Authorized signatory Mr.M.Karthikeyan, Plot No.263 and 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 (s)VsElangovan V E..Respondent(s)Arb O.P No. 14 of 2025__________Page 6 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025i.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 18.10.2022.under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 28 of 2025i.Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 30.05.2022 under the Arbitration and Conciliation Act, 1996 as amended till date. ii.Pass any such further orders as this Honble Court may deem fit and proper under the facts of the case.Arb O.P No. 27 of 2025i.Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 21.08.2023 under the Arbitration and Conciliation Act, 1996 as amended till date. ii.Pass any such further orders as this Honble Court may deem fit and proper under the facts of the case.Arb O.P No. 16 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 18.01.2023 under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 15 of 2025i.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 19.12.2022 .under the Arbitration and Conciliation Act, 1996 as amended till date__________Page 7 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025Arb O.P No. 23 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 02.02.2023 under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 25 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 19.10.2022 under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 29 of 2025i.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 21.08.2023.under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 24 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 11.01.2022 under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 30 of 2025To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 04.09.2023.under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 17 of 2025__________Page 8 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 04.09.2023 under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 20 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 15.05.2023.under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 21 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 02.02.2023 under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 19 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 05.01.2023.under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 18 of 2025i.To Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 15.05.2023.under the Arbitration and Conciliation Act, 1996 as amended till dateArb O.P No. 26 of 2025__________Page 9 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025i.Appoint a Sole Arbitrator to adjudicate all the disputes between I and the Respondent based on the terms of Agreement for training cum services dated 20.02.2023 under the Arbitration and Conciliation Act, 1996 as amended till date. ii.Pass any such further orders as this Honble Court may deem fit and proper under the facts of the case.For Petitioner(s):T. Harish Chowdhary Ashwad Elangovan M.VilasiniFor Respondent(s):Respondents are set exparte in Arb.OP.Nos.14,28,27,15,23,29,24,30,17, 20,19 and 18 of 2025Mr.M.Premkumar in Arb.O.P.No.16/25Mr.E.Vasanth in Arb.O.P.No.25/25Mr.C.Harish in Arb.O.P.No.21/25Mr.Antony Jesuraj in Arb.O.P.No.26/25COMMON ORDERIn all these petitions, the respective respondents have been duly served with notice. The names of the respective respondents are also printed in the cause list today.__________Page 10 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 20252. These petitions have been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short “the Act”) seeking for appointment of an Arbitrator by this Court.3. There seems to be a dispute between the petitioner and the respective respondents under the respective employment contracts dated 18.10.2022, 19.12.2022, 18.01.2023, 04.09.2023, 15.05.2023, 05.01.2023, 15.05.2023, 02.02.2023, 02.02.2023, 11.01.2022, 19.10.2022, 20.02.2023, 21.08.2023, 30.05.2022, 21.08.2023 and 04.09.2023. All the employment contracts contain an arbitration clause and the same is extracted hereunder:-“28. If any dispute or difference whatsoever arising between parties hereto out of or relating to the construction meaning and operation or effect of this agreement or breach thereof, which cannot be settled between the parties shall be settled in accordance with the provisions of arbitration & Conciliation Act, 1996, by referring the dispute to a Sole Arbitrator appointed by the COMPANY and the award made in pursuance thereof shall be final and binding on the parties.The venue of the Arbitration shall be at Ambattur, Chennai. The arbitration proceedings shall be conducted with this agreement.29. Only the Courts in the City of Ambattur, __________Page 11 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025Chennai shall have exclusive jurisdiction to the exclusion of all other Court of any other place in respect of any matter covered by or arising out or connected with this agreement.”4. The petitioner has invoked arbitration separately in respect of each of the employment contracts by issuing notice to the respective respondents to comply with the requirements of Section 21 of the Act. Since there has been no consensus between the parties with regard to the name of the Arbitrator, these petitions have been filed under Section 11 of the Act seeking for appointment of an Arbitrator by this Court.5. Mr.M.Premkumar, Mr.C.Harish, Mr.E.Vasanth and Mr.Antony Jesuraj, learned counsels, who have entered appearance on behalf of the respondents in Arb.O.P.Nos.16,21,25 & 26 of 2025 respectively, would submit on instructions that the respondents in the said OPs do not have any objection for this Court appointing an Arbitrator. However, they seek liberty for the respective respondents to raise all objections including the plea of arbitrability of the dispute before the Arbitrator either under Section 16 of the Act or through the statement of defence filed in the arbitral proceedings. __________Page 12 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 20256. Eventhough the respondents have been duly served in Arb.OP.Nos.14,28,27,15,23,29,24,30,17, 20,19 and 18 of 2025, they remain unrepresented. The affidavit of service which has been filed by the learned counsel for the petitioner also confirms that the respondents in those petitions have been duly served with notice. In view of the same, the respondents in Arb.OP.Nos.14,28,27,15,23,29,24,30,17, 20,19 and 18 of 2025 are set exparte by this Court.7. Since there exist an arbitration clause in the respective employment contracts, which are the subject matter of the dispute in these petitions, and since the petitioner has invoked arbitration by issuing notice to the respective respondents in compliance with Section 21 of the Act, and since there has been no consensus between the parties with regard to the name of the Arbitrator, this Court will have to appoint an Arbitrator. Accordingly, these petitions are allowed with the following directions:-(a) This Court hereby appoints Mr.M.S.Sampath, Advocate, having office at Cypress C104, Adinath Shanthinikethan, Ramakrishna Street, Mannivakkam, Chennai – 600 048, Mobile Mobile No.9841159996, as the Sole Arbitrator to adjudicate the dispute between the __________Page 13 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025petitioner and the respective respondents arising out the aforesaid respective employment contracts, which are the subject matter of these petitions.(b) The Sole Arbitrator appointed by this Court shall be paid remuneration/fees as per the schedule agreed upon by the parties to the dispute.(c) The Arbitrator shall adhere to the provisions of Arbitration and Conciliation Act, 1996. (d) The Arbitrator shall also pass the arbitral award within the stipulated period as prescribed under the Arbitration and Conciliation Act, 1996. (e) Liberty is granted to the respective respondents in these petitions to raise objections including the plea of arbitrability of the dispute before the Arbitrator either under Section 16 of the Act or through the statement of defence filed in the arbitral proceedings. 14-07-2025Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/No__________Page 14 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025RKM__________Page 15 of 16. https://www.mhc.tn.gov.in/judis Arb O.P No. 14 of 2025ABDUL QUDDHOSE J.RKMArb O.P No. 14 of 2025ANDARB O.P NO. 28 OF 2025,ARB O.P NO. 27 OF 2025,ARB O.P NO. 16 OF 2025,ARB O.P NO. 15 OF 2025,ARB O.P NO. 23 OF 2025,ARB O.P NO. 25 OF 2025,ARB O.P NO. 29 OF 2025,ARB O.P NO. 24 OF 2025,ARB O.P NO. 22 OF 2025,ARB O.P NO. 30 OF 2025,ARB O.P NO. 17 OF 2025,ARB O.P NO. 20 OF 2025,ARB O.P NO. 21 OF 2025,ARB O.P NO. 19 OF 2025,ARB O.P NO. 18 OF 2025,ARB O.P NO. 26 OF 202514-07-2025__________Page 16 of 16.