Arb O.P(COM.DIV.)/27/2026 of M/s.AnanyaKrishnaa Constructions Private limited, Vs R.Abhirami
Arb O.P(COM.DIV.) No. 27 of 2026
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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. 27 of 2026
M/s.AnanyaKrishnaa Constructions Private
limited, Rep by its Managing Director,
Mr.Y.Gangadhar,
No.1225/1, Panneer Selvam Salai,
K.K.Nagar,
Chennai - 600 078.
Presently at
No.110, Ground and First Floors,
Lakshmana Swamy Salai,
K.K.Nagar,
Chennai - 600 078.
..Petitioner(s)
Vs
1. R.Abhirami
2. R Sruthi
3. J. Rukmani
4. J Rangarajan
..Respondent(s)
PRAYER: Arbitration Original Petition (Commercial Division) is file d under
Section 11(6) of the Arbitration and Conciliation Act, 1996, pleased to appoint
an Arbitrator to adjudicate the disputes between the Petitioner and the
Respondent in terms of the Joint Development Agreement dated 11.03.2016.
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For Petitioner(s): Mr.T.Thiageswaran
for M/s.Waron & Sai Rams
ORDER
Joint Development Agreement dated 11.03.2016 was executed by the
petitioner and the respondent. Clause 33 thereof, which provides for di spute
resolution by arbitration, is set out below:
“33. The parties herein agree to settle all disputes,
misunderstandings and difference of opinion that might be arising
between them whether as to the interpretation of the terms and
conditions, contained herein and / or as to the determination of their
respective rights, by way of referring such dispute/s to the sole arbi trator
to be appointed by the Party of the Second Part with the consent of the
Party of the First Part. The procedure as prescribed by the Indian
Arbitration and Conciliation Act, 1996 as amended up to date shall be
adopted by the sole arbitrator / umpire as the case may be. The law
applicable shall be Indian law and the venue of Arbitration shall be at
Chennai. The Courts in Chennai alone shall have sole and exclusive
jurisdiction to try all consequential proceedings arising from the said
award / arbitration proceedings.”
2. Invoking said clause upon disputes arising between the partie s, the
petitioner issued notice dated 12.10.2022 under Section 21 of the Arbitration
and Conciliation Act, 1996. Upon receipt thereof, by reply dated 05.11.2022,
the respondent refused to consent to the person proposed by the petitioner and
instead called upon the petitioner to nominate three persons so as t o enable the
https://www.mhc.tn.gov.in/judis
Arb O.P(COM.DIV.) No. 27 of 2026
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respondent to agree on the sole arbitrator.
3. Thus, parties agree that the joint development agreement pr ovides for
dispute resolution through arbitration by a sole arbitrator.
4. In the above facts and circumstances, this petition is allowed by
appointing Mr.M.K.Kabir, Senior Advocate, Mobile No.9840044258, as the
sole arbitrator. Learned arbitrator is requested to enter upon reference and
adjudicate the dispute. The fees and expenses of arbitration shal l be fixed by
learned arbitrator in consultation with the parties. No costs.
16-04-2026
(4/5)
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. 27 of 2026
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SENTHILKUMAR RAMAMOORTHY, J.
RNA
Arb O.P(COM.DIV.) No. 27 of 2026
16-04-2026
(4/5)
https://www.mhc.tn.gov.in/judis