The court found that appointment of a Sole Arbitrator was warranted due to respondents' absence and invoked provisions of the Arbitration and Conciliation Act.

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 1^st 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 virtue of Sale Deed dated 30.03.2005 and the second petitioner is the wife of the first petitioner to deal with the schedule property. The first respondent approached the petitioners with an intention to take a lease of the said property for installation of Telecommunication Tower in the first floor. After negotiation of the terms between the parties, they had entered into a “License Deed” on 12.06.2009. Copy of which is produced alongwith Arbitration Original Petition.

5. According to the learned counsel for the petitioners, the respondents have breached the terms and conditions of the License Deed and hence disputes are to be referred before the Arbitrator in terms of the license deed more specially under the Arbitration Clause 12(c). In any event, the respondents have chosen to stay away from the above proceedings and the petitioners seeking appointment of sole Arbitrator to adjudicate the disputes with the respondents.

6. The Licence Deed dated 12.06.2009 provides an Arbitration Clause in 12(c), the petitioners have also rightly invokeed Section 21 of the Act and issued notice to the respondents, the petitioner is therefore entitled to the said appointment of sole Arbitrator to adjudicate the disputes between the petitioners and the respondents in terms of the said License Agreement dated 12.06.2009.

7. In view of the foregoing discussions, I am inclined to appoint Mr. D. SARAVANAN, Advocate having address at New No.9, Old No.5/1, Canal Bank Road, Kasthuribai Nagar, Adyar, Chennai-600 020, Cell: 98400 44177, Email I.D:- arbitratorsaravanan@gmail.com as the Sole Arbitrator. The sole Arbitrator is directed to enter upon reference and adjudicate the dispute in accordance with law.

8. The learned Arbitrator is entitled to fix his fees as per the Schedule-IV to the Act. This Court further requests the learned Arbitrator to endeavor to decide the dispute as expeditiously as possible, however, not later than six (6) months from the date of his entering into reference.

9. Accordingly, this Arbitration Original Petition is allowed.