O.A.No.21 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2020

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

O.A.No.21 of 2020

1.Salem District Volleyball Association

represented by its President

Mr.S.P.S. Anandhan,

No.637, State Bank Colony,

Salem – 636 004.

2.S.P.S.Anandhan,

President,

Salem District Volleyball Association,

No.637, State Bank Colony,

Salem – 636 004.

...

Applicants

-Vs.-

1.Tamil Nadu State Volleyball Association

Affiliated to Volleyball Federation of India

represented by its Secretary,

Room No.46/101, Gengu Street,

Chennai-600 008.

2.Mr.M.Shanmugavel

...

Respondents

Prayer: Application filed under Order XIV Rule 8 of the Original Side

Rules read with Section 9 of the Arbitration and Conciliation Act, 1996 to

grant an order of injunction restraining the 1^st respondent from in any

manner dealing with any person or association other than the 1^st applicant

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O.A.No.21 of 2020

Association represented by the 2^nd applicant in respect of the Salem District

pending disposal of the arbitration proceedings.

For petitioner

: Mr.V.Chandraprabu

For Respondents

: Mr.S.Thanka Sivan for R1

Mr.S.Ilamvaludhi for R2

ORDER

Since the disputes arose between the parties as to who are the 1^st

applicant Association and considering the fact that the By-laws

contemplated arbitration, this applicants have moved under Section 9 of the

Arbitration and Conciliation Act.

2.Pending this proceedings, the parties have agreed to refer the

disputes the subject matter of this Original Application to the mutually

agreed Arbitrator Mr.M.Sriram, Advocate, Madras Bar Association, High

Court of Judicature at Madras, Chennai – 600 104 as the sole Arbitrator.

The parties have reduced their Agreement into writing in the form of Joint

Memo and the Joint Memo has also been taken on file.

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O.A.No.21 of 2020

3.Considering the above, this Original Application is disposed of in

the lines of the Joint Memo. The terms of which are reproduced

hereinbelow:

“The applicants and the respondents agree to refer for

adjudication all disputes and differences arising out of the

subject matter of O.A.No.21 of 2020 to Mr.M.Sriram,

Advocate, Madras Bar Assocation, High Court of Judicature

at Madras, Chennai-600 104, as the sole Arbitrator.

2.The applicants and the respondents agree that

O.A.No.21 of 2020 be treated as an application under Section

17 of the Arbitration and Conciliation Act, 1996 and as such

be decided by the sole Arbitrator Mr.M.Sriram and the

interim orders already granted by the Hon'ble Court will

continue till then.

3.The applicants and respondents agree that they have

no objection to th constitution of the Tribunal comprising of

the sole Arbitrator Mr.M.Sriram and he shall be free to

determine his Schedule, procedure and fees.

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O.A.No.21 of 2020

4.The applicants and respondents agree that the Venue

and Seat of Arbitration shall be Chennai and the language of

Arbitration shall be English.”

4.Accordingly, it is ordered as follows:

i)Mr.M.Sriram, Advocate, Madras Bar Association, High Court

of Judicature at Madras, Chennai-600 104, is appointed as Arbitrator to

enter upon reference and adjudicate the disputes inter se the parties.

ii) he learned Arbitrator may, after issuing notice to the parties

and upon hearing them, pass an award as expeditiously as possible,

preferably within a period of six months from the date of receipt of the

order. It is open to the respondent to raise all legal objections as to the

validity of contract.

iii)The learned Arbitrator is at liberty to fix his remuneration

and other incidental expenses as per law.

iv) The proceedings may be conducted under the aegis of the

Madras High Court Arbitration Centre and in accordance with the Madras

High Court Arbitration Rules.

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