JUDGMENT Prayer: Petitions filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking to appoint Sole Arbitrator to adjudicate the differences and disputes between the petitioner and the respondent. 1. All these petitions have been filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking for appointment of an Arbitrator. 2. The respective respondents have entered into separate agreement of sale with the petitioner, under which, the respective respondents have agreed to buy a plot from the petitioner, who is the absolute owner. According to the petitioner, the respective respondents have committed default in the payment of balance sale consideration. The respective respondents have also jointly signed letters of consent dated 01.07.2021, 14.06.2021, 01.10.2021, 01.07.2021, 14.06.2021, 05.07.2021, 16.05.2021, 14.06.2021 and 12.06.2021, agreeing to refer the dispute, if any, arising out of agreement of sale to arbitration. 3. The petitioner has issued separate legal notices dated 04.06.2021, 04.06.2021, 05.05.2021, 05.05.2021, 04.06.2021, 04.06.2021, 04.06.2021, 05.05.2021 and 05.05.2021 calling upon them to take back the advance amount from the petitioner after deducting the expenses incurred by the petitioner, for which, no response has been received by the petitioner from the respective respondents. 4. Since there is an arbitration agreement as seen from the letters of consent dated 01.07.2021, 14.06.2021, 01.10.2021, 01.07.2021, 14.06.2021, 05.07.2021, 16.05.2021, 14.06.2021 and 12.06.2021, entered into by the petitioner with the respective respondents, the petitioner has approached this Court for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.. The details of the date of sale agreement and the date of letters of the consent, which contain the arbitration agreement entered into by the respective respondents with the petitioner are detailed hereunder:- S.No. Arb.O.P.No. Date of Agreement Date of letter of consent agreeing for Arbitration 1 35 of 2021 25.12.2016 01.07.2021 2 36 of 2021 24.05.2016 14.06.2021 3 37 of 2021 04.04.2016 01.10.2021 4 38 of 2021 29.01.2016 01.07.2021 5 39 of 2021 30.11.2015 14.06.2021 6 40 of 2021 22.09.2017 05.07.2021 7 41 of 2021 20.03.2017 16.05.2021 8 42 of 2021 17.12.2015 14.06.2021 9 43 of 2021 31.05.2015 12.06.2021 5. Heard Ms.Hemasree, learned counsel for the petitioner and Mr.T.Ramkumar, learned counsel appearing for the respondents in Ar.O.P.Nos.36, 37, 38, 41, 42 & 43. 6.
Heard Ms.Hemasree, learned counsel for the petitioner and Mr.T.Ramkumar, learned counsel appearing for the respondents in Ar.O.P.Nos.36, 37, 38, 41, 42 & 43. 6. Admittedly, letters of consent dated 01.07.2021, 14.06.2021, 01.10.2021, 01.07.2021, 14.06.2021, 05.07.2021, 16.05.2021, 14.06.2021 and 12.06.2021 have been signed by the respective respondents agreeing for arbitration in case of any dispute arising out of the sale agreement entered into by them with the petitioner. The petitioner is also seeking for cancellation of the respective sale agreement entered into with the respondent and he is willing to refund the advance amount received from the respective respondents after adjusting the cost incurred by him and legal notices dated 04.06.2021, 04.06.2021, 05.05.2021, 05.05.2021, 04.06.2021, 04.06.2021, 04.06.2021, 05.05.2021 and 05.05.2021 have been sent for the said purpose. Though the same has been acknowledged, till date, the respective respondents have neither sent a reply nor come forward to agree to the request made by the petitioner in his legal notices. Therefore, it is clear that there has arisen a dispute in the respective sale agreements entered into between the respective respondents with the petitioner. The sale agreements have also been filed as documents along with the petitions. 7. Since there is an arbitration clause under the letters of consent jointly signed by the petitioner and the respective respondents, the dispute will have to necessarily go only before the Arbitral Tribunal and the Arbitrator can alone adjudicate the dispute between the parties. The letters of consent jointly signed by the petitioner and the respective respondents in all these petitions are extracted hereunder:- LETTER OF CONSENT Arb.O.P.No.35 of 2021 Ref.No.CON/10/SRRE/2021 “I/We/Mrs/Smt.S.Hari Kumar, S/o A.Santhamoorthy residing presently at No.26/1, Postal Colony, P.N.Road, Tirupur -2 hereby accord my/our consent for ARBITRATION/HIGH COURT MEDIATION, as I am/ourself is truly interested in resolving the issues between us Mr.A.Anandhan, the sole proprietor of M/s Sri Ranga Real Estates, situated at No.37/7, G-Tower, 2nd Floor, Backside Lotus Shopping Centre, Perundurai Road, Erode – 638 011, which has cropped up vide the agreement for purchase of site(s), that I/We have executed with Mr.A.Anandhan on Rs.20 Stamp Paper bearing stamp paper No.19AB215753 dated 25/12/2015.
Arb.O.P.No.36 of 2021 Ref.No.CON/31/SRRE/2021 “I/We/Mrs/Smt.G.Renuka, W/o R.Mohan Babu residing presently at No.13 A-1, Krishna Nagar, nathakadu Thottam, 15, Velampalayam, Sirupuluvapatti, Tirupur - 3 hereby accord my/our consent for ARBITRATION/HIGH COURT MEDIATION, as I am/ourself is truly interested in resolving the issues between us Mr.A.Anandhan, the sole proprietor of M/s Sri Ranga Real Estates, situated at No.37/7, G-Tower, 2nd Floor, Backside Lotus Shopping Centre, Perundurai Road, Erode – 638 011, which has cropped up vide the agreement for purchase of site(s), that I/We have executed with Mr.A.Anandhan on Rs.20 Stamp Paper bearing stamp paper No.19AB215622 dated 24/02/2016. Arb.O.P.No.37 of 2021 Ref.No.CON/20/SRRE/2021 “I/We/Mrs/Umapathi,B.T,W/o Thiyagarajan residing presently at No.7-A, Brite Garden, Rakiyapalayam, Avinashi (T.K), Tirupur hereby accord my/our consent for ARBITRATION/HIGH COURT MEDIATION, as I am/ourself is truly interested in resolving the issues between us Mr.A.Anandhan, the sole proprietor of M/s Sri Ranga Real Estates, situated at No.37/7, G-Tower, 2nd Floor, Backside Lotus Shopping Centre, Perundurai Road, Erode – 638 011, which has cropped up vide the agreement for purchase of site(s), that I/We have executed with Mr.A.Anandhan dated 04.04.2016 on Rs.20 Stamp Paper bearing stamp paper No.25AB964735. Arb.O.P.No.38 of 2021 “I/We/Mr/Mrs/Smt.G.Rajendran,S/o P.Govindarao residing presently at No.4/12, Susaiyapuram Colony, Rayapuram, Tirupur-631 602 hereby accord my/our consent for ARBITRATION/HIGH COURT MEDIATION, as I am/ourself is truly interested in resolving the issues between us Mr.A.Anandhan, the sole proprietor of M/s Sri Ranga Real Estates, situated at No.37/7, G-Tower, 2nd Floor, Backside Lotus Shopping Centre, Perundurai Road, Erode – 638 011, which has cropped up vide the agreement for purchase of site(s), that I/We have executed with Mr.A.Anandhan dated 29.01.2016 on Rs.20 Stamp Paper bearing stamp paper No.19AB215700. Arb.O.P.No.39 of 2021 Ref:CON/8/SRRE/2021 “I/We/Mr/Mrs/Smt.R.Maheswari, W/o A.Palanivel, residing presently at 2/20-1, Pilaiyar Kovil Street, Ulagappampalayam, Elayampalayam (P.D), Thiruchengode (TK), 637 205 hereby accord my/our consent for ARBITRATION/HIGH COURT MEDIATION, as I am/ourself is truly interested in resolving the issues between us Mr.A.Anandhan, the sole proprietor of M/s Sri Ranga Real Estates, situated at No.37/7, G-Tower, 2nd Floor, Backside Lotus Shopping Centre, Perundurai Road, Erode – 638 011, which has cropped up vide the agreement for purchase of site(s), that I/We have executed with Mr.A.Anandhan on Rs.20 Stamp Paper bearing stamp paper No.19AB228382 dated 30.11.2015.
Arb.O.P.No.40 of 2021 Ref:CON/48/SRRE/2021 “I/We/Mr/M.Natarajan, S/o A.Muthiah, residing presently at 5/20, Kuppayammal Garden, Ankeripalayam, Tiruppur-641652 hereby accord my/our consent for ARBITRATION/HIGH COURT MEDIATION, as I am/ourself is truly interested in resolving the issues between us Mr.A.Anandhan, the sole proprietor of M/s Sri Ranga Real Estates, situated at No.37/7, G-Tower, 2nd Floor, Backside Lotus Shopping Centre, Perundurai Road, Erode – 638 011, which has cropped up vide the agreement for purchase of site(s), that I/We have executed with Mr.A.Anandhan on Rs.20 Stamp Paper bearing stamp paper No.32AB274909 dated 22/09/2017. Arb.O.P.No.41 of 2021 Ref:CON/12/SRRE/2021 “I/We/Mr/S.Samuthiraraj, S/o R.Sundaraj, residing presently at 16, Inthira Nagar, Anaipalayam, Tiruppur-641603 hereby accord my/our consent for ARBITRATION/HIGH COURT MEDIATION, as I am/ourself is truly interested in resolving the issues between us Mr.A.Anandhan, the sole proprietor of M/s Sri Ranga Real Estates, situated at No.37/7, G-Tower, 2nd Floor, Backside Lotus Shopping Centre, Perundurai Road, Erode – 638 011, which has cropped up vide the agreement for purchase of site(s), that I/We have executed with Mr.A.Anandhan on Rs.20 Stamp Paper bearing stamp paper No.28AB463416 dated 20/03/2017. Arb.O.P.No.42 of 2021 Ref:CON/36/SRRE/2021 “I/We/Mr/S.Rangarajan W/o R.Alamelu residing presently at 6/9, Ranganathapuram I Street, Rayapuram, Tiruppur-1 hereby accord my/our consent for ARBITRATION/HIGH COURT MEDIATION, as I am/ourself is truly interested in resolving the issues between us Mr.A.Anandhan, the sole proprietor of M/s Sri Ranga Real Estates, situated at No.37/7, G-Tower, 2nd Floor, Backside Lotus Shopping Centre, Perundurai Road, Erode – 638 011, which has cropped up vide the agreement for purchase of site(s), that I/We have executed with Mr.A.Anandhan dated 17.12.2015 on Rs.20 Stamp Paper bearing stamp paper No.19AB215749. Arb.O.P.No.43 of 2021 Ref:CON/48/SRRE/2021 “I/We/Mr/M.Natarajan W/o A.Muthiah residing presently at 5/20, Kuppayammal Garden, Ankeripalayam, Tiruppur-641652 hereby accord my/our consent for ARBITRATION/HIGH COURT MEDIATION, as I am/ourself is truly interested in resolving the issues between us Mr.A.Anandhan, the sole proprietor of M/s Sri Ranga Real Estates, situated at No.37/7, G-Tower, 2nd Floor, Backside Lotus Shopping Centre, Perundurai Road, Erode – 638 011, which has cropped up vide the agreement for purchase of site(s), that I/We have executed with Mr.A.Anandhan on Rs.20 Stamp Paper bearing stamp paper No.32AB274909 dated 22.09.2017. 8. Since there is an arbitration agreement, which has not been disputed, this Court has to necessarily appoint an Arbitrator for adjudicating the disputes between the parties. 9.
8. Since there is an arbitration agreement, which has not been disputed, this Court has to necessarily appoint an Arbitrator for adjudicating the disputes between the parties. 9. Accordingly, this Court appoints Mr.B.Ramalingam, retired District Judge, residing at Flat No.301, Casa Grand Noble Street, Alandur, Chennai – 16, as an Arbitrator, who shall decide the dispute between the parties. 10. Mr.B.Ramalingam, the sole Arbitrator, after issuing notice to the respective parties, shall fix his remuneration as per the Schedule of fees, prescribed under the Arbitration and Conciliation Act, 1996 and its Rules and complete the arbitration. 11. Registry is directed to serve a copy of this order to Mr.B.Ramalingam, learned Arbitrator.