Arb O.P(COM.DIV.)/748/2025 of S. Manoj Kumar Vs Anuraga Paladi
Arb O.P(COM.DIV.) No. 748 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-04-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY
Arb O.P(COM.DIV.) No. 748 of 2025
S. Manoj Kumar
..Petitioner(s)
Vs
1. Anuraga Paladi
2. Davis Romeo
..Respondent(s)
PRAYER: Arbitration Original Petition (Commercial Division) is file d under
Section 11(6) of the Arbitration and Conciliation Act, 1996 Read W ith Section
2i(c)(XV) of the Commercial Courts Act, 2015, pleased to appoint a Sole
Arbitrator as per Clause 20 of the Partnership Agreement dated 09.10.2021
entered between the petitioner and the Respondents to resolve the dispute
between the petitioner and the Respondents.
For Petitioner(s): Mr.L.Mouli
For Respondent(s): Mr.K.P.Pramodh Kumar
https://www.mhc.tn.gov.in/judis
Arb O.P(COM.DIV.) No. 748 of 2025
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ORDER
The petitioner and the respondent executed partnership deed dated
09.10.2021 in relation to hospitality business under the name and style of
"HIDE AWAY AT ARANGY". Upon disputes arising between the pa rties,
notice dated 22.01.2025 was issued. By reply dated 28.02.2025, the
respondents informed the petitioner that such dispute should be referred for
arbitration. Subsequently, by communication dated 29.03.2025, the petitioner
stated that he is consenting to the appointment of an arbitrator as per the
arbitration clause. This petition was filed thereafter.
2. Learned counsel for the petitioner submits that the dispute relates to
accounts and that a Chartered Accountant may be appointed as the ar bitrator.
Learned counsel for the respondents concurs with the said submission.
3. The arbitration clause provides as under:
“20. Subject to the provision contained in the last
preceding clause, if at any time any dispute, doubt or question
shall arise between the said partners or their respective legal
representatives, either on the construction of these presents or
respecting the accounts, transactions, profits or loss of the
business or otherwise in relation to the partnership, then any
such dispute, doubt or question shall be referred to a panel of
arbitrators appointed by each of the partners or their legal
representatives, or by the umpire to be appointed in the
https://www.mhc.tn.gov.in/judis
Arb O.P(COM.DIV.) No. 748 of 2025
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manner provided by law and all proceedings before such
arbitrators or the umpire shall be governed by the provisions
contained in the Arbitration Act, 1940, or any statutory
modification thereof.”
4. Although there is some ambiguity as to whether reference should be to
a panel of arbitrators or to an umpire, both parties consent that a sole arbitrator
be appointed.
5. Accordingly, Mr.R.Balachandran, Chartered Accountant, Flat 3B , 3 rd
Floor, Bajaj Apartments, 4, Nandanam Extn., 1st Main Road, Nandanam,
Chennai – 35, Mobile No.9884350000 is appointed as the arbitrator. Learned
arbitrator is requested to enter upon reference and adjudicate the dispute. The
fees and expenses of arbitration shall be fixed in consultation wit h the parties.
No costs.
16-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
RNA
https://www.mhc.tn.gov.in/judis
Arb O.P(COM.DIV.) No. 748 of 2025
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SENTHILKUMAR RAMAMOORTHY, J.
RNA
Arb O.P(COM.DIV.) No. 748 of 2025
16-04-2026
https://www.mhc.tn.gov.in/judis