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KRISHNAN RAMASAMY
TRULIV Properties and Services Private Limited, Represented by its Authorised Signatory, T. Rohit Reddy, Chennai – Appellant
Versus
C. Ravishankar – Respondent
JUDGMENT
(Prayer: Original Petition is filed under Section 11(6) (a) of the Arbitration and Conciliation Act, 1996, praying to pass an order of appointing a sole arbitrator in accordance with Clause 23 of the Lease Deed dated 12.07.2019, to adjudicate upon the disputes that have arisen between the parties in relation to the Lease Deed dated 12.07.2019.)
1. This petition has been filed under Section 11 (6) (a) of Arbitration and Conciliation Act, 1996, (hereinafter referred as “the Act”), seeking to appoint an arbitrator to adjudicate the disputes between the petitioner and the respondent in terms of Clause 23 of the Lease Deed dated 12.07.2019.
2. Learned counsel appearing for the petitioner would submit that the petitioner and the respondent entered into a Lease Deed dated 12.07.2019 in respect of 20 flats, in a project known as “Sobha Serene” situate at Seenneerkuppam, off Porur – Poonamallee High Road, Chennai, for the purpose of operating service residential apartments to prospective tenants. As per the said lease deed a monthly rent payable is Rs.27,000/- per flat inclusive of maintenance, which aggregated to Rs.5,40,000/-. Apart from that, at the time of executing the lease deed
The central legal point established is the arbitrability of the dispute as per the terms of the Lease Deed and the court's authority to appoint an arbitrator under Section 11(6)(a) of the Arbitration....
The court found that appointment of a Sole Arbitrator was warranted due to respondents' absence and invoked provisions of the Arbitration and Conciliation Act.
The central legal point established in the judgment is the appointment of a Sole Arbitrator in accordance with the arbitration clause, the objection to unilateral appointment, and the agreement betwe....
The court may appoint an arbitrator even when one party fails to attempt amicable resolution, as specified in the arbitration clause.
The court upheld the arbitration agreement and appointed a sole arbitrator under the Arbitration and Conciliation Act, 1996.
The court has the authority to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, and the appointed arbitrator must adhere to the provisions of the Act in resolv....
The central legal point established is that for a petition seeking appointment of an arbitrator under Section 11 (6) to be maintainable, the lease agreement must clearly provide for arbitration to re....
The central legal point established is that for a petition seeking appointment of an arbitrator to be maintainable, the lease agreement must clearly indicate the parties' agreement to resolve dispute....
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