IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, J
M/s.Aditya Energy Holdings – Appellant
Versus
M/s.Golden India Mines and Infrastructure Ltd – Respondent
Arbitration Original Petition | Section 11 of the Arbitration and Conciliation Act, 1996
| Table of Content |
|---|
| 1. petition filed under section 11 for arbitration. (Para 1) |
| 2. validity of the arbitration clause confirmed. (Para 2 , 3 , 4) |
| 3. sole arbitrator appointed. (Para 5) |
ORDER
This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the Act] to appoint a sole arbitrator to adjudicate the disputes between the parties.
2. When this petition came up for hearing on 02.01.2026, this Court passed the following order:
“This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the Act] to appoint a sole arbitrator to adjudicate the disputes between the parties.
2. The agreement provides for referring the dispute for Arbitration under clause 29 and the same is extracted hereunder:-
“29. All disputes and difference of whatsoever nature, whether existing or which shall at any time arise between the parties in respect of this agreement and / or the Lease Deed to be registered, shall be resolved through arbitration after written notice by either party to the other. The parties shall each appoint 1 (one) arbitrator and the two appointed arbitrators jointly selecting the third arbitrator as per the provisions of the Indian Arbitration and Conciliation Act.”
3. The trigger notice under Section 21 of the Act was issued on 19.07.2025 and the same has also been received by the respondent. Since there was no response, the present petition has been filed before this Court.
4. Notice to the respondents returnable by 02.02.2026.
Private notice is also permitted.
5. Post this case for hearing on 02.02.2026.”
3. After service of notice, the respondent is represented through a counsel. Heard learned counsel for petitioner as well as learned counsel for respondent.
4. This Court finds that there is a valid agreement between the parties, which contains an arbitration clause and it satisfies the requirement of Section 7 of the Act. All the other objections raised by the respondent cannot be dealt with in this petition and the same can be raised before the Sole Arbitrator, which will be considered on its own merits and in accordance with law.
5. In view of the above, this Court appoints Ms.Elizabeth Seshadri, Advocate, 15/8, 7th Cross Street, Indira Nagar, Adyar, Chennai – 600 020, E-mail: Elizabeth.seshadri@gmail.com [Mobile No.98402 99520] as the sole Arbitrator and the Sole Arbitrator is requested to adjudicate the arbitral disputes that had arisen between the parties and render arbitral award by holding sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 and fee of Sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees) Rules
2017.
Accordingly, this petition is disposed of.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.