(Prayer: Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint a Sole Arbitrator in terms of Clause 18 of the Partnership Deed dated 06.06.2008 to adjudicate the disputes between the Petitioner and the Respondent.
Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, praying to appoint a Receiver to take over the management of the Partnership in the name and style of Sri Hayagrevar Play School.
Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, praying to appoint an Advocate Commissioner to take possession of the books of accounts and other administrative records that are maintained at the Ashok Nagar Branch, Situate at No.22/27, 12th Avenue, R.V.Nagar, Mettupalayam, Ashok Nagar, Chennai 600 083.
Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, praying to grant an ad interim injunction restraining the respondent, her agents or any persons claiming under her, from obstructing or in any manner preventing me from entering the Ashok Nagar premises situated at No.22/27, 12th Avenue, R.V.Nagar, Mettupalayam, Ashok Nagar, Chennai – 600 083, pending disposal of the arbitral proceedings.
Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, praying to issue an ad interim injunction restraining the respondent from issuing any communication that would adversely affect the business of Partnership, pending disposal of the arbitral proceedings.)
Common Order:
1. These applications have been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for the sake of brevity, hereinafter referred to as 'the Act') seeking for various interim reliefs.
2. The Original Petition has been filed for appointment of an Arbitrator to adjudicate the disputes between the petitioner and the respondent in terms of Clause 18 of the Partnership Deed dated 06.06.2008.
3. Heard the learned counsel appearing on behalf of the petitioner and carefully perused the materials available on record.
4. The case of the petitioner is that Sri Hayagrevar Play Education is a partnership concern in which the petitioner and the respondent are the partners. The Partnership Agreement was executed on 06.06.2008. The object of the partnership is for starting a children play school and the operations were running smoothly till 2009. Thereafter, various disputes arose between the parties. From 2012 onwards both the petitioner and the respondent handled the operation and administration of the franchise. Even thereafter, there was some dispute between the respondent and her husband which resulted in operational disruptions.
5. For the present, the applicant is running the School at Sowcarpet and the respondent is running the School at Ashok Nagar.
6. The specific case of the applicant is that the respondent while collecting the school fees, is receiving it in several individual names and the amount is not coming into the account of the partnership firm. That apart, the respondent is not even permitting the applicant to come anywhere near the School at Ashok Nagar. It is under these circumstances, these applications have been filed seeking for interim reliefs.
7. Since the dispute has arisen between the parties, the petitioner wants the dispute to be referred to the Arbitrator in line with the Arbitration Clause available at Clause 18 of the Partnership Deed dated 06.06.2006.
8. The respondent has not chosen to file any counter and did not contest these applications and hence, this Court is proceeding further to dispose of these applications based on the submissions made by the learned counsel for the applicant and the materials available on record.
9. In the considered view of this Court, there is no dispute between the parties that there is an arbitration clause available in the Arbitration Agreement itself. Therefore, there will be no difficulty in appointing a Sole Arbitrator to refer the dispute between the parties.
10. Insofar as the interim relief sought for by the applicant is concerned, this Court is inclined to grant the interim relief as sought for in Application Nos.639 & 640 of 2025. Insofar as the interim relief as sought for in Application Nos.838 & 839 of 2025 are concerned, those applications shall be placed before the Sole Arbitrator and the same will be dealt with under Section 17 of the Act after affording an opportunity to both sides.
11. Considering the nature of dispute between the parties, this Court is inclined to appoint a Sole Arbitrator. Hence, Hon'ble Mr.Justice P.N.Prakash (Retd), a former Hon'ble Judge, Madras High Court, with address for service at ‘Lalithalaya’, 32, First Cross Street, Kilpauk, Garden Colony, Chennai 600 010, Mobile: 94443 95654 [PH: 044 6445731] (email:godmouldsus@gmail.com) is appointed as Sole Arbitrator. The Sole Arbitrator is requested to enter upon reference, adjudicate upon arbitrable disputes that have arisen between the parties. The Arbitrator shall hold sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per the Madras High Court Arbitration Proceedings Rules 2017 and fee of the Hon'ble Sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees) Rules 2017.
12. This petition is disposed of in the above terms. No Costs.
