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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

WEDNESDAY, THE 09TH DAY OF FEBRUARY 2022

THE HON'BLE MR. JUSTICE M.SUNDAR

ARB .O.P(COM.DIV.) No.34 of 2022

In the matter of Arbitration

and Conciliation Act, 2019

and

In the matter of Arbitration

distpute between M/S THATHA

ELAYALWAR CHETTY'S

CHARITIES and

P.Bhawarlal Jain in relation to the

Registered Lease Deed dated

27.08.2012 registered as Document

No.1020 of 2012 on the file of

S.R.O.Sowcarpet

M/S THATHA ELAYALWAR CHETTY'S CHARITIES,

REP.BY ITS MANAGING TRUSTEE AND TRUSTEES

1.A.Sudhakar,

2. K.Srihari,

Door No.46, Narayana Mudali Street,

Sowcarpet, Chennai - 600 079

..Petitioner

-Vs-

1. B.VIMALA DEVI,

W/O. LATE P.BHAWARLAL JAIN,

Old No.45, New No.95,

Narayana Mudali Street,

Sowcarpet, Chennai - 600 079

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2. B.ASHOK KUMAR JAIN,

S/o. Late P.Bhawarlal Jain,

Old No.45, New No.95,

Narayana Mudali Street,

Sowcarpet, Chennai - 600 079

3. B.CHANDRA DEVI,

D/o. Late P.Bhawarlal Jain,

Old No.45, New No.95,

Narayana Mudali Street,

Sowcarpet, Chennai - 600 079

4. B.NARENDRA KUMAR JAIN,

S/o. Late P.Bhawarlal Jain,

Old No.45, New No.95,

Narayana Mudali Street,

Sowcarpet, Chennai - 600 079

5. B.PRAVEEN KUMAR JAIN,

S/o. Late P.Bhawarlal Jain,

Old No.45, New No.95,

Narayana Mudali Street,

Sowcarpet, Chennai - 600 079

..Respondents

Arbitration Original Petition (Commercial Division) praying to

sole Arbitrator to decide the disputes and differences between the petitioner

and the respondent in terms of the Registered Lease Deed dated 27.08.2012,

registered as Document No.1020/2012 on the file of S.R.O. Sowcarpet.

This Arbitration Original Petition (Commercial Division)

coming on this day before this court for hearing the court made the

following order:

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Captioned main 'original petition' [hereinafter 'OP' for the sake of

convenience and clarity] has been presented in this Court on 19.01.2022

under Section 11(5) of 'The Arbitration and Conciliation Act, 1996 (Act 26

of 1996)', which shall hereinafter be referred to as 'A and C Act' for the sake

of brevity with a prayer to appoint a sole arbitrator to decide purported

disputes and differences between the petitioner and respondents vide a

'registered lease deed dated 27.08.2012 registered as Document No.1020 of

2012 on the file of the jurisidictional Registrar's Office i.e., S.R.O.

Sowcarpet' [hereinafter 'said lease deed' for the sake of convenience and

clarity].

2. Mr.P.C.Hari Kumar, learned counsel of M/s.P.C.Hari Kumar &

Associates (Law Firm) on behalf of petitioner submits that the petitioner is a

private trust and it is the absolute and exclusive owner of immovable

property in the form of 'land situate at Old Door No.45, New Door No.95,

Narayana Mudali Street, Sowcarpet, Chennai-600 079, measuring an extent

of 1200 sq.ft. together with superstructure admeasuring 3600 sq.ft or

thereabouts plinth area, consisting of ground, first and second floors

comprised in R.S.No.10626, O.S.No.2745, situate within the Registration

District of Chennai North and Sub Registration District of Sowcarpet'

[hereinafter 'demised property' for the sake of convenience and clarity].

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Learned counsel submits that the demised property was let out by petitioner

trust vide said lease deed to one Mr.P.Bhawarlal Jain and the same was

renewed from time to time. Learned counsel submits that Article 16 of said

lease deed is a arbitration clause and the same reads as follows:

ARTICLE 16

ARBITRATION

'A. Any dispute arising howsoever, in connection with the

interpretation or implementation or purported termination of this

Deed, the parties shall attempt in the first instance to resolve such

disputes by friendly consultations.

B. If such dis