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2023 Supreme(Mad) 2222

ABDUL QUDDHOSE
Ringfeder Power Transmission India Private Ltd. , Represented by its Managing Director, Dheepan Ramalingam, Chennai – Appellant
Versus
Rajesh Mootha, Alandur, Chennai – Respondent


Advocates appeared:
For the Petitioner:C. Suraj, Advocate. For the Respondent:Anish Gopi for M/s. P.B. Ramanujam Associates, Advocates.

JUDGMENT

(Prayer: Arbitration Original Petition (Commercial Division) filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator to adjudicate the dispute between the petitioner and the respondent in terms of the Agreement dated 29.04.2021and to direct the respondents to pay costs.)

1. Arbitration O.P. (Comm. Div.) No.298 of 2023 has been filed by the petitioner seeking for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

2. There seems to be a dispute between the petitioner and the respondent under a Built Suit Facility Agreement dated 29.04.2021. Under the aforesaid agreement, the respondent has agreed to construct a building and thereafter on completion hand over possession of the same and grant sub lease in favour of the petitioner for a specified period. Advance payments have been made by the petitioner to the respondent under the Built Suit Facility Agreement dated 29.04.2021.

3. According to the petitioner, the respondent has committed breach of contract by not adhering to the terms and conditi

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