IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.06.2022 CORAM THE HON'BLE MR. JUSTICE M.SUNDAR Arb.O.P (Com.Div.) No. 12 of 2022 M/s. Sapphire Foods India Ltd., (Formerly known as Sapphire Foods India Pvt. Ltd.,)

Rep. by its Mr.D.Premkumar Authorized Representative No.702, Prism Tower, A-Wing, Mindspace Off Link Road, Goregaon (West) Mumbai - 400 062 ... Petitioner Vs.

M/s.Ampa Housing Development Private Limited Rep. by its Authorized Representative / Directors No.107/2, Nelson Manickam Road Aminjikarai, Chennai - 600 094 ... Respondent Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator to adjudicate all the disputes arising out of the License Agreement dated 01.04.2019 between the petitioner and the respondent and to pay the cost of the petition.

For Petitioner : Mr.G.Balasubramanian For Respondent : Mr.E.Hariharan

ORDER

Mr.G.Balasubramanian, learned counsel on record for lone petitioner and Mr.E.Hariharan, learned counsel on record for lone respondent are before this Court.

2. Captioned 'Arbitration Original Petition' ['Arb.OP' for the sake of brevity] is under Section 11 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter referred to as 'A and C Act' for the sake of brevity, convenience and clarity].

3. Both the aforementioned learned counsel submit that there is no disputation or disagreement about the existence of arbitration agreement between the parties. To be noted, arbitration agreement between the parties is in the form of a clause in a License Agreement dated 01.04.2019. The Clause is Clause 28 captioned 'ARBITRATION AND JURISDICTION' and the same reads as follows:

'28. ARBITRATION AND JURISDICTION:

28.1. In case of any dispute or difference or mutual claims accruing or arising from this Agreement and on all matters incidental or related thereto, shall, without prejudice to the right of the parties to refer such dispute to arbitration, be resolved by means of mutual discussion, deliberation, etc.

28.2. Any dispute, difference, interpretation or mutual claims accruing or arising out of or in connection with this Agreement and on all matters incidental or related thereto shall be resolved by means of arbitration as per the Arbitration and Conciliation Act, 1996.

28.3. The dispute, difference, interpretation or mutual claims accruing or arising from this Agreement and on all matters incidental or related thereto shall be referred to a sole arbitrator who shall be appointed by mutual consent whose decision shall be final and binding on the parties.

28.4. The venue of Arbitration shall be Chennai.

28.5. Any dispute arising out of or in connection with the license granted to the LICENSEE by the LICENSOR shall be subject to the exclusive jurisdiction of Chennai Courts.'

4. As both the aforementioned learned counsel consent for appointment of Arbitrator, it is not necessary to dilate much on facts. It will suffice to say that Licensee demanded refund of Security Deposit which is being resisted by the Licensor. This is the arbitrable dispute in a nutshell and though obvious it is made clear that this Court has not expressed any view or opinion on the merits of this lis.

5. In the light of consent and consensus, considering the nature of the matter, Mr.K.Harishankar, learned counsel of M/s.HSB Partners, 9th Floor, 554-555, Anna Salai, Teynampet, Chennai - 600 018 [Mob: 98410 76561] is appointed as the sole Arbitrator. Learned Arbitrator requested to enter upon reference, adjudicate upon the arbitrable dispute that have arisen between the petitioner and respondent companies qua License Agreement dated 01.04.2019 and render an award by holding sittings in the 'Madras High Court Arbitration and Conciliation Centre under the aegis of this Court' (MHCAC) in accordance with the Madras High Court Arbitration Proceedings Rules 2017 and fee of the learned Arbitrator shall be as per Madras High Court Arbitration Centre (MHCAC) (Administrativ