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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
N.Sundarapandian – Appellant
Versus
Tower Vision India Private Limited – Respondent
| Table of Content |
|---|
| 1. hearing process and ex parte (Para 2 , 3) |
| 2. lease and breach issues (Para 4 , 5) |
| 3. arbitration clause invoked (Para 6) |
| 4. appointment of the sole arbitrator (Para 7) |
| 5. final ruling of the court (Para 8) |
ORDER :
1. This Arbitration Original Petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter called as 'the Act') to appoint an Arbitrator to decide the claims of the petitioners arising under Lease Deed dated 12.06.2009.
2. I have heard Mr.ARM.Arunachalam, learned counsel for the petitioners. In pursuance of the orders of this Court dated 06.11.2024, service being effected on the respondents to the addresses at Pune and Telangana but the respondents have not chosen to enter appearance either in person or through learned counsel. Therefore, the respondents are set exparte.
3. I have proceeded to hear the learned counsel for the petitioners Mr.ARM.Arunachalam and also perused the records.
4. The case of the petitioners is that the 1st petitioner is the absolute owner of the property bearing No.6, S.S. Nagar, East Devathanam, Trichy 02 and comprised an extent of 1050 sqft of Ground Floor Area and 250 Sq.ft of terrace area by
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 court upheld the arbitration agreement and appointed a sole arbitrator under the Arbitration and Conciliation Act, 1996.
The court may appoint an arbitrator even when one party fails to attempt amicable resolution, as specified in the arbitration clause.
Appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in cases of serious breach of lease terms.
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