High Court · 2025

Arb O.P(COM.DIV.) No. 436 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 27-10-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHArb O.P(COM.DIV.) No. 436 of 2025ANDOA NO. 922 OF 20251. P.Ravichandran,S/o.S.Perinbam Door No.21,3rd Street, 1st Main Road,Raja Colony Cantonment.Tiruchirappalli-620001.Applicant(s)Vs1. Radhika,D/O.Ramesh A-1,Appollo Apartments 12,Padmanaban Street T.Nagar,Chennai-600018 and also residing at 2177,Burnhamthorpe road,W Unit 705 Mississauga,Ontario L5L5P9-Canada2.Hemalatha,W/o.Ramesh, A-1, Appollo Apartments, 12, Padmanaban Street T.nagar, Chennai-600018. And Also Residing At 2177, Burnhamthorpe Road, W Unit 705 Mississauga, Ontario L5l5p9 Canada3.Sabitha SridharD/o. Booma Sourirajan, Cedar 1003, L And T Eden Park Phase 1 https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 436 of 2025Sipcot IT Park, Siruseri Chennai-603103.4.Sundararajan,S/o.booma Sourirajan Door No.587,2nd Phase 12a Cross JP Nagar, Bangalore-560078.5.Savitha RengarajanW/o.Rengarajan Door No.149, Krishnamachari Road Alambakkam, Porur Chennai-600016.6.S.SridharanS/o.Singan Door No.206/ FFI Keela Sithirai Veedhi, Srirangam, Tiruchirappalli-620006.7.S.RavindranS/o.singan Door No.206/gf1 Keela Sithirai Veedhi, Srirangam Tiruchirappalli-6200068.S.Kala SridharanW/o.Sridharan Door No.622,1st Phase 14th Cross, J P Nagar, Bangalore-560078Respondent(s)OA No. 922 of 20251. P RavichandranS/o.S.Perinbam, Door No 21, 3rd Street 1st Main Road,Raja Colony Cantonment Tiruchirappalli 620 001.Applicant(s)Vs1. Radhika https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 436 of 20252.HemalathaW/o.Ramesh, A-1, Appollo Apartments, 12, Padmanaban Sreet, T.Nagar, Chennai 600 018.3.SabithaD/o.Booma Sourirajan, Cedar 1003, L and T Eden Park Phase 1, SIPCOT IT Park Siruseri, Chennai 603 103.4.SundararajanS/o.Booma Sourirajan, Door nO.587, 2nd Phase, 12A Cross, JP Nagar, Bangalore 560 078.5.Savitha RengarajanW/o.Rengarajan, Door No.149, Krishnamachari Road, Alambakkam, Porur, Chennai 600 016.6.S.SridharanS/o.Singam, Door No.206/FF1 Keela Sithirai Veedhi, Srirangam, Tiruchirapalli 620 006.7.S.RavindranS/o.Singam, Door No.206/GF1 Keela Sithirai Veedhi, Srirangam, Trichy 620 006.8.S.Kala SridharanW/o.Sridharan, Door No.622, 1st Phase, 14th Cross, JP Nagar, Bangalore 560 078.Respondent(s) PRAYERa)To pass an order to appoint an Arbitrator to resolve the disputes between the Petitioner and the Respondents arising from the https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 436 of 2025Tripartite agreement dated 30.06.2022 and pass such other orders which are deem fit and necessary in the nature and circumstances of the case and thus render justice. b)direct the respondents to pay the cost of the petitionOA No. 922 of 2025PRAYERTo pass an order of injunction restraining the respondents their men, servants, agents or anybody claiming under them and all persons claiming under them from alienating or encumbering the schedule mentioned property pending Arbitral Proceeding to be commenced between the parties. For Applicant(s):Mr.Shangar MuraliFor Respondent(s):Mr.M.S.Seshadrifor R1 and R2Ms.Gopika Nambiarfor R3 to R8ORDERArb. OP No.436 of 2025 has been filed under Section 11 of the Aribitration and Conciliation Act, for appointment of an arbitrator to resolve the dispute between the petitioner and the respondents arising from the tripartite agreement dated 30.06.2022.2.OA No.922 of 2025 has been filed under Section 9 of the Act for an order of interim injunction restraining the respondents https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 436 of 2025from in any manner alienating / encumbering the subject property, pending the arbitration proceedings.3.Arb OP No.436 of 2025 came up for hearing on 28.07.2025, this Court passed the following order:-This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking for appointment of an arbitrator by this Court. 2. There seems to be a dispute between the petitioner and the respondents arising out of the Tripartite Agreement, dated 30.06.2022. There exists an arbitration clause in the Tripartite Agreement, dated 30.06.2022 and the same is reproduced hereunder :- “10. ,e;j xg;ge;jj;jpy; gpur;ridfs; VnjDk; Vw;gl;lhy; mjid jPh;f;f arbitrator Mf 1tJ. 2tJ kw;Wk; 3tJ ghu;l;ofs; _u';fk;. tlf;F cj;jpu tPjpapy;. trpf;Fk; Advocate jpU/K.gpughfh;. j-bg/jpU/Fg;g[rhkp. mth;fis epakdk; bra;a xg;g[f; bfhs;fpwhh;fs;/ nkw;go. arbitration jpUr;rpapy; eilbgw 3 ghu;l;ofSk; rk;kjpf;fpwhu;fs;/”3. The petitioner has already invoked arbitration in accordance with the arbitration clause by issuing notice to the respondents on 14.10.2024 to comply with requirements of Section 21 of the Arbitration and Conciliation Act, 1996 and have nominated https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 436 of 2025Thiru.K.Prabhakar, Advocate, as the named arbitrator as per the arbitration clause as a sole arbitrator to conduct the arbitration. The named arbitrator, Thiru.K.Prabhakar, Advocate has recused himself to act as an arbitrator through his letter dated 18.12.2024 on the ground that as an advocate, he has appeared for one of the parties to a suit. In view of the same, the petitioner has been constrained to file this petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking for appointment of an Arbitrator by this Court. 4. Since there exists an arbitration clause in the Tripartite Agreement, which is the subject matter of the contract between the parties and since there is no consensus between the parties with regard to the name of the Arbitrator and since the petitioner has complied with requirement of Section 21 of the Arbitration and Conciliation Act, 1996, this Court is issuing notice to the respondents, through Court as well as privately returnable by 15.09.2025.5. Post the matter on 15.09.2025. 4.After service of notice, the respondents are represented through counsel in this petition. https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 436 of 20255.In OA No.922 of 2025, the same counsel who have taken notice on behalf of the respondents also takes notice on behalf of the respondents in this application.6.Heard Mr.Shangar Murali, learned counsel for the petitioner and Mr.M.S.Seshadri, learned counsel for respondents 1 and 2 and Ms.Gopika Nambiar, learned counsel for respondents 3 to 8.7.It is seen that there is a valid agreement between the parties as contemplated under Section 7 of the Act and it contains an arbitration clause. The petitioner had also nominated an advocate as a named arbitrator. But however the arbitrator has recused himself to act as a arbitrator in this case. Hence, the petition has been filed before this Court for appointment of an arbitrator.8.The application has been filed to injunct the respondent from in any manner alienating /encumbering the schedule mentioned property.9.In the considered view of this Court, it will be more appropriate to appoint a sole arbitrator and hence, this Court https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 436 of 2025proceeds to appoint Hon'ble Mr. Justice G.Ilangovan (Retd), a former Hon'ble Judge, Madras High Court, with address for service at Plot No.48, I Dream, Meenakshi Avenue, Near Amaran Hotel Back side, Pandikovil Road, Uthangudi, Othakadai Post, Madurai – 625 107, Mobile No.9443022747, email id [email protected], as the sole Arbitrator and the Arbitrator is requested to adjudicate the arbitral dispute that were arising between the parties by holding the sittings in any venue in Chennai to the convenience of all concerned and render an award. Fees of the sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC)(Administrative Cost and Arbitrator's Fees) Rules 2017. 10. Insofar as the interim order sought for by the petitioner / applicant, the present application that has been moved under Section 9 of the Act can be placed before the sole arbitrator and which can be decided under Section 17 of the Act, after providing opportunity to both sides and order can be passed on its own merits and in accordance with law. https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 436 of 202511.In the result both these applications are disposed of in the above terms. There shall be no order as to costs.27-10-2025rkaIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 436 of 2025 To1.Radhika,D/O.Ramesh A-1,Appollo Apartments 12,Padmanaban Street T.Nagar,Chennai-600018 and also residing at 2177,Burnhamthorpe road,W Unit 705 Mississauga,Ontario L5L5P9-Canada2.Hemalatha,W/o.ramesh A-1, Appollo Apartments 12, Padmanaban Street T.nagar,chennai-600018. And Also Residing At 2177,burnhamthorpe Road,w Unit 705 Mississauga,ontario L5l5p9 Canada3.Sabitha SridharD/o.booma Sourirajan Cedar 1003,l And T Eden Park Phase 1 Sipcot It Park, Siruseri Chennai-603103.4.Sundararajan,S/o.booma Sourirajan Door No.587,2nd Phase 12a Cross Jp Nagar, Bangalore-560078.5.Savitha RengarajanW/o.rengarajan Door No.149, Krishnamachari Road Alambakkam,porur Chennai-600016.6.S.SridharanS/o.singan Door No.206/ Ffi Keela Sithirai Veedhi, Srirangam, Tiruchirappalli-620006. https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 436 of 20257.S.RavindranS/o.singan Door No.206/gf1 Keela Sithirai Veedhi, Srirangam Tiruchirappalli-6200068.S.Kala SridharanW/o.sridharan Door No.622,1st Phase 14th Cross, J P Nagar, Bangalore-560078 https://www.mhc.tn.gov.in/judis Arb O.P(COM.DIV.) No. 436 of 2025N.ANAND VENKATESH J.rkaArb O.P(COM.DIV.) No. 436 of 2025OA NO. 922 OF 202527-10-2025