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2022 Supreme(Mad) 3700

SENTHILKUMAR RAMAMOORTHY
T. S. Thamilan – Appellant
Versus
R. Sampathkumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: G. Kruthika, P. Gunaraj, C. Sathish.
For the Respondents: P. Govindarajan, L .Ramu.

ORDER :

Prayer: This petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 read with Clause 2 of the appointment of Arbitrator’s Scheme by the Chief Justice of Madras High Court’s Scheme, 1996, praying to (a) appoint an independent Sole Arbitrator to adjudicate all the disputes arising between the Petitioner and the Respondents pursuant to the MOU dated 01.09.2019; (b) directing the Respondents to pay the cost of this Petition; and (c) pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

1. This petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator to adjudicate the dispute between the petitioner and the respondents.

2. The petitioner states that the Memorandum of Understanding dated 01.09.2019 was executed between the petitioner and the respondents herein. The said Memorandum of Understanding envisaged the admission of the petitioner herein as the Managing Partner of the firm, M/s. Balamurugan Transports. The petitioner relies upon clause 25 of the said MoU, which are set out below:

    “25. Dispute Resolution:

25.1 The following provisions

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