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2026 Supreme(Online)(Mad) 1207

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. ANAND VENKATESH
Eternity Developers Private Limited. – Appellant
Versus
Akshay Sarin (HUF) – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.01.2026 CORAM THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Arb.O.P.(Com.Div.) Nos.690, 691 and 692 of 2025 Arb.O.P.(Com.Div.) Nos.690 of 2025 Eternity Developers Private Ltd Rep. by its Managing Director Mr.Avinash Prabhu Having office at :

No.11, Hayes Road Bangalore – 560 025 Also Residing at :

No.206 & 207, 2nd Floor, Sophias Choice

7/28, St.Marks Road, Bangalore – 560 001 .. Petitioner Vs.

Akshay Sarin (HUF) .. Respondent Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, seeking to constitute an Arbitral Tribunal consisting of a Sole Arbitrator, seated at Chennai, to adjudicate all disputes arising under the three Joint Development Agreement dated 02.06.2008.

Arb.O.P.(Com.Div.) No.691 of 2025 Skyline Constructions & Housing Pvt Ltd.

Rep. by its Managing Director Mr.Avinash Prabhu Having office at :

No.11, Hayes Road Bangalore – 560 025 Also Residing at :

No.206 & 207, II Floor, Sophias Choice

7/28, St.Marks Road, Bangalore – 560 001 .. Petitioner Vs.

M/s.Dhanna Bakkiam Enterprises Rep. by its Partner Mrs.Aashna Sarin and Mr.Akshay Sarin A Partnership Firm incorporated under the Indian Partnership Act Having office at : No.5E, Mookambika Complex

4, Lady Desika Road, (C.P.Ramasamy Road)

Mylapore, Chennai - 600 004 .. Respondent Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, seeking to constitute an Arbitral Tribunal consisting of a Sole Arbitrator, seated at Chennai, to adjudicate all disputes arising under the Joint Development Agreement dated 05.02.2007.

Arb.O.P.(Com.Div.) No.692 of 2025 Eternity Developers Private Ltd Rep. by its Managing Director Mr.Avinash Prabhu Having office at :

No.11, Hayes Road Bangalore – 560 025 Also Residing at :

No.206 & 207, II Floor, Sophias Choice

7/28, St.Marks Road, Bangalore – 560 001 .. Petitioner Vs.

M/s.Dhanna Bakkiam Enterprises Rep. by its Partner Mrs.Aashna Sarin and Mr.Akshay Sarin A Partnership Firm Incorporated under the The Indian Partnership Act Having office at : No.5E, Mookambika Complex

4, Lady Desika Road, (C.P.Ramasamy Road)

Mylapore, Chennai – 600 004 .. Respondent Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, seeking to constitute an Arbitral Tribunal consisting of a Sole Arbitrator, seated at Chennai, to adjudicate all disputes arising under the Joint Development Agreement dated 18.06.2008.

For Petitioner : Mr.C.Deepak Kumar in all Petitions For Respondent : Mr.P.Mohan Kumar in all Petitions

COMMON ORDER

The parties have entered into three separate Joint Development Agreements dated 02.06.2008, 05.02.2007 and 18.06.2008, respectively and hence, three separate petitions have been filed for appointment of an Arbitrator.

2.When the petition viz., Arb.O.P.(Com.Div.) No.690 of 2025 came up for hearing on 13.11.2025, this Court passed the following order :

“This petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as 'the Act'] to constitute an Arbitral Tribunal consisting of sole arbitrator to resolve the dispute arising out of the Joint Development Agreement dated 02.06.2008.

2. The agreement provides for referring the dispute for Arbitration under Clause 30 and the same is extracted hereunder:-

30. Dispute Resolution :

30.1 In case of any disputes as to the design and specifications of the plans and quality of material the decision of the architect appointed by the DEVELOPER at his cost and two Project Management consultants one of which will be appointed by the DEVELOPER at his cost and the other appointed by the owner of his cost shall be final.

30.2 In the event of any dispute arising between the parties hereto with regard to this Agreement or the interpretation of the terms hereof the same shall be resolved amicably by the parties hereto and in case the same is not resolved then the dispute shall be referred to Arbitration in terms of Arbitration and Conciliation Act of 1996 to be

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