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2022 Supreme(Mad) 2745

M. SUNDAR
GK Developments Pvt. Ltd. , Represented by its Managing Director, Karthick Gunasekaran, Chennai – Appellant
Versus
RIO International, Rep. by Managing Partner, Mallikarjunan, Chennai – Respondent


Advocates appeared:
For the Petitioner:D. Senthil Kumaar, Advocate. For the Respondent:S. Arivazhagan, M. Venkatesh, Advocates.

JUDGMENT

(Prayer: Arbitration Original Petition filed under Section 11(6) of The Arbitration and Conciliation Act, 1996 praying to (i) Appoint an Arbitrator to adjudicate the disputes between the petitioner and Respondent in terms of the Agreement dated 14.06.2019 at Chennai; and (ii) Direct the respondent to pay costs.)

1. This order will now dispose of the captioned matter.

2. This order has to be read in conjunction with and in continuation of proceedings made by this Court in the listing on 13.07.2022, which reads as follows:

'Arb.O.P(Com.Div.)No.302 of 2022

M.SUNDAR.J.,

Captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] presented in this Court on 23.06.2022 under Section 11 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience and clarity] with a prayer for appointment of an Arbitrator is predicated on clause 12 of an Agreement dated 14.06.2019 between the petitioner-Company and respondent-Firm. This 14.06.2019 agreement shall hereinafter be referred to as 'primary contract' for the sake of convenience and clarity.

2. Mr.D.Senthil Kumar, learned counsel o

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