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2022 Supreme(Mad) 3044

M. SUNDAR
Mohana Rao Dandamudi, Chennai – Appellant
Versus
Government of Tamil Nadu, Represented by the Secretary to the Government, Chennai – Respondent


Advocates appeared:
For the Petitioner:Preeti Mohan, Advocate. For the Respondent:R. Neelakandan, Additional Advocate General assisted by P. Harish, Government Advocate.

JUDGMENT

(Prayer: Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 to appoint a sole Arbitrator to constitute the arbitral tribunal to resolve the disputes that have arisen between the petitioner and the respondent.)

1. This order will now dispose of captioned 'Arbitration Original Petition' ['Arb.OP' for the sake of brevity].

2. This order has to be read in conjunction with and in continuation of proceedings made in the first listing (on 21.03.2022) of captioned Arb.OP before this Court. This 21.03.2022 proceedings reads as follows:

'Captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] has been presented in this Court on 21.12.2021 inter alia under Section 11(5) 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 a sole arbitrator.

2. Ms.Preeti Mohan, learned counsel on record for petitioner who is before this Court submits that the captioned Arb OP is predicated on clauses 39 and 40 (under covenant No.VIII captioned 'Arbitration') in 'an agreement dated 24.06.1985' [hereinafter '

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