DR. VISWANTHAN Vs. RESURGEN INNOVATIONS PVT. LTD.

JUDGEMENT

(1.) This original petition has been filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole Arbitrator to resolve the disputes between the petitioner and respondent in respect of a Memorandum of Understanding (MOU) dtd. 19/4/2022 and deed of partition dtd. 19/4/2022.

(2.) I have heard Mr.V.Ramamurthy for Mr.M.Anbazhagan, learned counsel for the petitioner and Mr.R.Pushkar, learned counsel for the respondent.

(3.) The learned counsel for the petitioner would submit that the parties entered into a Memorandum of Understanding and also a Deed of partnership on the same day viz.,19/4/2022. Both the MOU as well as the Deed of partnership contained separate and valid arbitration clauses and the petitioner has invoked the said Arbitration clauses and suggested names of nominees to be appointed as sole Arbitrator, in and by a notice dtd. 5/8/2024 under Sec. 21 of the Arbitration and Conciliation Act, 1996. However, the respondent by notice dtd. 7/8/2024 invoking the arbitration clause in the MoU and the Partnership deed both dtd. 19/4/2022 nominated three names, giving an option to the respondent to choose from amongst the three names.