JUDGMENT

Prayer: Petitions filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking to appoint Sole Arbitrator to adjudicate the differences and disputes between the petitioner and the respondent.

1. All these petitions have been filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking for appointment of an Arbitrator.

2. The respective respondents have entered into separate agreement of sale with the petitioner, under which, the respective respondents have agreed to buy a plot from the petitioner, who is the absolute owner. According to the petitioner, the respective respondents have committed default in the payment of balance sale consideration. The respective respondents have also jointly signed letters of consent dated 01.07.2021, 14.06.2021, 01.10.2021, 01.07.2021, 14.06.2021, 05.07.2021, 16.05.2021, 14.06.2021 and 12.06.2021, agreeing to refer the dispute, if any, arising out of agreement of sale to arbitration.

3. The petitioner has issued separate legal notices dated 04.06.2021, 04.06.2021, 05.05.2021, 05.05.2021, 04.06.2021, 04.06.2021, 04.06.2021, 05.05.2021 and 05.05.2021 calling upon them to take back the advance amount from the petitioner after deducting the expenses incurred by the petitioner, for which, no response has been received by the petitioner from the respective respondents.

4. Since there is an arbitration agreement as seen from the letters of consent dated 01.07.2021, 14.06.2021, 01.10.2021, 01.07.2021, 14.06.2021, 05.07.2021, 16.05.2021, 14.06.2021 and 12.06.2021, entered into by the petitioner with the respective respondents, the petitioner has approached this Court for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.. The details of the date of sale agreement and the date of letters of the consent, which contain the arbitration agreement entered into by the respective respondents with the petitioner are detailed hereunder:-

5. Heard Ms.Hemasree, learned counsel for the petitioner and Mr.T.Ramkumar, learned counsel appearing for the respondents in Ar.O.P.Nos.36, 37, 38, 41, 42 & 43.

6. Admittedly, letters of consent dated 01.07.2021, 14.06.2021, 01.10.2021, 01.07.2021, 14.06.2021, 05.07.2021, 16.05.2021, 14.06.2021 and 12.06.2021 have been signed by the respective respondents agreeing for arbitration in case of any dispute arising out of the sale agreement entered into by them with the petitioner. The petitioner is also seeking for cancellation of the respective sale agreement entered into with the respondent and he is willing to refund the advance amount received from the respective respondents after adjusting the cost incurred by him and legal notices dated 04.06.2021, 04.06.2021, 05.05.2021, 05.05.2021, 04.06.2021, 04.06.2021, 04.06.2021, 05.05.2021 and 05.05.2021 have been sent for the said purpose. Though the same has been acknowledged, till date, the respective respondents have neither sent a reply nor come forward to agree to the request made by the petitioner in his legal notices. Therefore, it is clear that there has arisen a dispute in the respective sale agreements entered into between the respective respondents with the petitioner. The sale agreements have also been filed as documents along with the petitions.

7. Since there is an arbitration clause under the letters of consent jointly signed by the petitioner and the respective respondents, the di