Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 50478

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2026

CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU

Arb O.P(COM.DIV.) No. 712 of 2025

1. Radhakrishnan Putharikkal
S/o.Aroli Veettil Sreedharan,
B-06-4, Navins Dayton Heights,
76, Nelson Mancikam Road,
Aminjikarai,
Chennai - 600 029.
2. Sujatha Radhakrishnan
W/o.Radhakrishnan Putharikkal,
B-06-4, Navins Dayton Heights,
76, Nelson Mancikam Road,
Aminjikarai,
Chennai - 600 029.
..Petitioner(s)

Vs

1. M.V.Dharmesh
S/o.M.C.Venkateswara Babu,
A-1-03, Navins Dayton Heights,
76, Nelson Manickam Road,
Aminjikarai,
Chennai - 600 029.
2. MCB Developers
Represented by its Proprietor,
Mr.M.V.Dharmesh,
New No.A1-16,
Old No.100D,
4th Avenue, Shanthi Colony,
Anna Nagar, Chennai - 600 040.
3. MCB Developers Private Limited
Represented by its Director,
M.V.Dharmesh,
H-28, Plot No.1988, H-Block,
12th main Road,
Anna Nagar,
Chennai - 600 040.
..Respondent(s)

Advocates:
For the Appellants/Petitioners: Sharath Chandran
For the Respondents: A.Thayaparan

The court maintains the power to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, when parties have existing arbitration clauses in their agreements and provide mutual consent during proceedings.

Headnote:The proceedings concern an application filed under S.11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator to resolve disputes arising from a Memorandum of Understanding dated 08.04.2023. Upon acknowledging the consent of the respondents and documenting the existence of an arbitration agreement, the court recognized the necessity of intervention. The core issue was the appointment of an arbitrator as provided for by the underlying agreement, which the court affirmed was the appropriate mechanism for dispute resolution. The ratio decidendi rests on the established consensus ad idem between the parties regarding the submission of disputes to arbitration under the provisions of the 1996 Act. The court ordered the appointment of a former Chief Justice as the sole arbitrator to adjudicate the claims with costs made easy.

PRAYER:- Arbitration Original Petition filed to appoint an Arbitrator to adjudicate the claims and disputes between the petitioners and the respondents arising out of the Memorandum of Agreement dated 08.04.2023 and thereby render justice.

For Petitioner(s): Mr.Sharath Chandran

For Respondent(s): Mr.A.Thayaparan for RR1 to 3

ORDER

This Arbitration Original Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator to adjudicate the claims and disputes between the petitioners and the respondents arising out of the Memorandum of Agreement dated 08.04.2023

2. Heard both sides.

3. When the matter is taken up, the learned counsel for the respondents had also expressed his consent for appointment of Arbitrator.

4. From a reading of the Invoice based Memorandum of Understanding dated 08.04.2023 entered to between the petitioners 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 Memorandum of Understanding and considering the nature of claim, this Court deems it appropriate to appoint an Arbitrator. Accordingly, Sanjay V.Gangapurwala, Former Chief Justice of Madras High Court, (Mobile No.9545111995 and 9960812300) residing at Durga Mata Mandeera Samor, H.No.2-2-278, Govardhanagiri, Khara Kuwa, Aurangabad-431002, 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.

8. Interim order granted earlier by this Court shall stand extended till the disposal of Section 11(6) petition

10-06-2026

Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No

GBA

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