IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-06-2026
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
Arb.O.P(COM.DIV.)No.20 of 2026
K.Suresh ..Petitioner
Vs
1. Nowshath
2. Mahesh Kumar ..Respondents
PRAYER : Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint nominee Arbitrator as per Clause 10 of the Deed of Partnership dated 25.08.2021 executed between the petitioner and the respondents to adjudicate the dispute between the parties.
For Petitioner : Mr.Varuni Mohan
for Mr.R.Prem Chandar
For Respondents : No appearance
O R D E R
This Arbitration Original Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint Arbitrator to adjudicate and resolve the disputes between the petitioner and the respondents in accordance with the terms of the Deed of Partnership dated 25.08.2021.
2. Heard Mr.Varuni Mohan, learned counsel for the petitioner.
3. Inspite of notice having been served upon the respondents, they have not chosen to appear either in person or through counsel. Their names were printed in the cause list. They were called absent and are set ex-parte.
4. A notice under Section 21 of the Arbitration and Conciliation Act, 1996 has been issued by the petitioner on 31.07.2025. Inspite of the same, the respondents have not chosen to respond. From a reading of the Deed of Partnership dated 25.08.2021 entered to between the petitioner and the respondents, it could be seen that the parties have agreed to resolve the disputes by appointing an Arbitrator.
5. In view of the Deed of Partnership and considering the nature of claim, this Court deems it appropriate to appoint an Arbitrator. Accordingly, Mr.S.Sengottaiyan, learned Retired District Judge, (Mobile No.98427 41166) residing at No.5, Vivekanandhar Street, Vettukattuvalasu, Near Erode North Police Station, Nasiyanoor Road, Erode – 638 011, is appointed as Sole Arbitrator to enter upon the reference and resolve the disputes between the petitioner and the respondents.
6. The learned Sole Arbitrator is entitled to fix his fees as per the Schedule-IV of the Act. This Court further requests the learned Sole Arbitrator to endeavour to decide the dispute as expeditiously as possible.
7. Accordingly, this Arbitration Original Petition is ordered. No costs.
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