w w w . L a w y e r S e r v i c e s . i n



Anantara Solutions Private Ltd., Represented by its Whole Time Director Sundararaj Subbarayalu v/s Aumkar Supply Chain Solutions Pvt. Ltd., Mumbai & Others


Company & Directors' Information:- E 2 E SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200DL2000PTC107313

Company & Directors' Information:- E-SOLUTIONS PRIVATE LIMITED [Active] CIN = U30007TN1999PTC043325

Company & Directors' Information:- D S R SOLUTIONS LIMITED [Active] CIN = U72200TG1999PLC032008

Company & Directors' Information:- J. K. SOLUTIONS PRIVATE LIMITED [Active] CIN = U74999MH2014PTC257168

Company & Directors' Information:- E-3 SOLUTIONS INDIA PRIVATE LIMITED [Active] CIN = U74910DL1998PTC096512

Company & Directors' Information:- V A SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200TG2006PTC049266

Company & Directors' Information:- D P SOLUTIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U22221DL2000PTC107837

Company & Directors' Information:- N Q SOLUTIONS INDIA PRIVATE LIMITED [Active] CIN = U51909OR2009PTC011136

Company & Directors' Information:- ANANTARA SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200TN2006PTC060794

Company & Directors' Information:- S K CHAIN PRIVATE LIMITED [Active] CIN = U36911WB2004PTC098967

Company & Directors' Information:- K. D. SUPPLY CHAIN SOLUTIONS PRIVATE LIMITED [Active] CIN = U74900MH2010PTC201071

Company & Directors' Information:- I. S. SOLUTIONS PRIVATE LIMITED [Active] CIN = U30007TG1997PTC028047

Company & Directors' Information:- L T SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC033248

Company & Directors' Information:- L D SOLUTIONS PRIVATE LIMITED [Active] CIN = U51109DL2015PTC286921

Company & Directors' Information:- A S SOLUTIONS PRIVATE LIMITED [Active] CIN = U74140DL2010PTC202208

Company & Directors' Information:- I S P SOLUTIONS INDIA PRIVATE LIMITED [Active] CIN = U72200TZ2001PTC009755

Company & Directors' Information:- S P E-SOLUTIONS PRIVATE LIMITED [Active] CIN = U72300DL2006PTC155569

Company & Directors' Information:- T X G SOLUTIONS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U72200DL2006PTC150671

Company & Directors' Information:- V SUPPLY CHAIN PRIVATE LIMITED [Active] CIN = U60231MH2012PTC229995

Company & Directors' Information:- CHAIN INDIA PRIVATE LIMITED [Strike Off] CIN = U36911MH1995PTC088091

Company & Directors' Information:- H D SOLUTIONS PRIVATE LIMITED [Active] CIN = U72900DL2009PTC194392

Company & Directors' Information:- H & K SOLUTIONS PRIVATE LIMITED [Active] CIN = U63040GJ2009PTC059027

Company & Directors' Information:- F A S T SOLUTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U22100MH1989PTC052935

Company & Directors' Information:- J & I SOLUTIONS PRIVATE LIMITED [Active] CIN = U74140DL2012PTC236993

Company & Directors' Information:- N AND S SOLUTIONS PRIVATE LIMITED [Active] CIN = U74210KA1999PTC025555

Company & Directors' Information:- U-TO SOLUTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U72100MH2000PTC130052

Company & Directors' Information:- Z D SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72900TN2007PTC062584

Company & Directors' Information:- P I T SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200KL2000PTC014018

Company & Directors' Information:- O AND M SOLUTIONS PRIVATE LIMITED [Active] CIN = U74210OR2005PTC008166

Company & Directors' Information:- R P A S SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200TG2008PTC057538

Company & Directors' Information:- G L F SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U67190KL2013PTC035455

Company & Directors' Information:- S P SOLUTIONS PRIVATE LIMITED [Amalgamated] CIN = U72200DL2011PTC213318

Company & Directors' Information:- S. S. G. SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200TG1996PTC023719

Company & Directors' Information:- I T SOLUTIONS INDIA PRIVATE LIMITED [Active] CIN = U72200DL1996PTC076426

Company & Directors' Information:- K B SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74140PB2011PTC035055

Company & Directors' Information:- H A SOLUTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U72900DL2000PTC104116

Company & Directors' Information:- V. J. L. SOLUTIONS PRIVATE LIMITED [Active] CIN = U74999UP2018PTC109127

Company & Directors' Information:- 1 TO 5 SOLUTIONS PRIVATE LIMITED [Not available for efiling] CIN = U74999AS2020PTC020427

Company & Directors' Information:- Q AND Q SOLUTIONS INDIA PRIVATE LIMITED [Active] CIN = U27320TZ2021PTC036376

Company & Directors' Information:- S A B M SOLUTIONS PRIVATE LIMITED [Active] CIN = U72900OR2021PTC035771

Company & Directors' Information:- C AND C SOLUTIONS (INDIA) LIMITED [Strike Off] CIN = U93000PY1995PLC001144

Company & Directors' Information:- AMP SOLUTIONS LIMITED [Active] CIN = U80302CH2001PLC024420

Company & Directors' Information:- D V M SOLUTIONS LIMITED [Converted to LLP] CIN = U74140DL1999PLC102362

Company & Directors' Information:- T S SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200UP2000PTC025406

Company & Directors' Information:- U & F SOLUTIONS PRIVATE LIMITED [Active] CIN = U74999TN2013PTC089891

Company & Directors' Information:- R R SOLUTIONS PRIVATE LIMITED [Active] CIN = U45309BR2008PTC013387

Company & Directors' Information:- B A SOLUTIONS INDIA PRIVATE LIMITED [Active] CIN = U74999DL2006PTC155492

Company & Directors' Information:- C A AND S SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200AP2000PTC034546

Company & Directors' Information:- U AND U SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U67200OR2004PTC007651

Company & Directors' Information:- R A SOLUTIONS PRIVATE LIMITED [Active] CIN = U51101MH2013PTC249132

Company & Directors' Information:- R T W SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200MH2004PTC145773

Company & Directors' Information:- AUMKAR SUPPLY CHAIN SOLUTIONS PRIVATE LIMITED [Active] CIN = U63030MH2008PTC185347

Company & Directors' Information:- A E T SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72200TG2004PTC036640

Company & Directors' Information:- K N P SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72300TG2011PTC076036

Company & Directors' Information:- I SOLUTIONS(INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900TN2004PTC052692

Company & Directors' Information:- R V I T SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC137434

Company & Directors' Information:- R M T SOLUTIONS INDIA PRIVATE LIMITED [Strike Off] CIN = U74210KA2011PTC056861

Company & Directors' Information:- F & K SOLUTIONS PRIVATE LIMITED [Active] CIN = U72900OR2021PTC035846

Company & Directors' Information:- E M C SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72200KA1996PTC020112

Company & Directors' Information:- R I SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U52392WB1999PTC088640

Company & Directors' Information:- N G L SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72200KL2001PTC014656

Company & Directors' Information:- L S SOLUTIONS PRIVATE LIMITED [Active] CIN = U67190DL2020PTC371664

Company & Directors' Information:- S P K SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72200TZ2003PTC010438

Company & Directors' Information:- 9 I SOLUTIONS PVT LTD [Strike Off] CIN = U72200TG2005PTC048565

Company & Directors' Information:- S G SOLUTIONS PRIVATE LIMITED [Active] CIN = U74999BR2008PTC013392

Company & Directors' Information:- K P N SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74900KA2011PTC057705

Company & Directors' Information:- V N SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC195421

Company & Directors' Information:- SUPPLY CHAIN SOLUTIONS PRIVATE LIMITED [Active] CIN = U63090TN2001PTC047992

Company & Directors' Information:- I. G. SUPPLY CHAIN PRIVATE LIMITED [Active] CIN = U74900CH2010PTC032551

Company & Directors' Information:- R. K. SOLUTIONS PRIVATE LIMITED [Active] CIN = U74140DL2007PTC161367

Company & Directors' Information:- J K B SOLUTIONS INDIA PRIVATE LIMITED [Strike Off] CIN = U74900DL2015PTC284162

Company & Directors' Information:- S R SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200HR2000PTC055629

Company & Directors' Information:- B E SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200KA2005PTC037127

Company & Directors' Information:- G R K SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72900TG2002PTC039029

Company & Directors' Information:- G N SOLUTIONS PRIVATE LIMITED [Active] CIN = U65993PN2008PTC132031

Company & Directors' Information:- J .S .SOLUTIONS PRIVATE LIMITED [Active] CIN = U72900PB2007PTC030855

Company & Directors' Information:- B AND W SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U67190MH2005PTC151380

Company & Directors' Information:- SOLUTIONS @ PANORAMA TRAVEL PRIVATE LIMITED [Strike Off] CIN = U63040MH2010PTC199347

Company & Directors' Information:- A.N.D SOLUTIONS PRIVATE LIMITED [Active] CIN = U74999MH2013PTC244625

Company & Directors' Information:- V & M SOLUTIONS PRIVATE LIMITED [Active] CIN = U74999PN2014PTC150848

Company & Directors' Information:- G K SOLUTIONS PRIVATE LIMITED [Active] CIN = U72900MH2004PTC149891

Company & Directors' Information:- G K A SOLUTIONS PRIVATE LIMITED [Active] CIN = U72900MH2004PTC150210

Company & Directors' Information:- H. R. SOLUTIONS INDIA PRIVATE LIMITED [Strike Off] CIN = U74120TG2012PTC081581

Company & Directors' Information:- S A E-SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200WB2012PTC181964

Company & Directors' Information:- K. S. E-SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74999WB2012PTC185025

Company & Directors' Information:- O S SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U93000JK2012PTC003733

Company & Directors' Information:- B AND P SOLUTIONS PRIVATE LIMITED [Active] CIN = U24100CH2015PTC035482

Company & Directors' Information:- A T SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72900CH2009PTC031621

Company & Directors' Information:- R AND D SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U52392CH2010PTC032232

Company & Directors' Information:- G S L SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72300DL2007PTC164747

Company & Directors' Information:- F K SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72900DL2008PTC186101

Company & Directors' Information:- B. R. SOLUTIONS PRIVATE LIMITED [Active] CIN = U74140DL2002PTC116699

Company & Directors' Information:- G. M. S E-SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74140DL2012PTC235662

Company & Directors' Information:- A N S SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74140DL2012PTC245060

Company & Directors' Information:- S & T SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74140DL2013PTC247089

Company & Directors' Information:- M A SOLUTIONS PRIVATE LIMITED [Active] CIN = U74140DL2014PTC265618

Company & Directors' Information:- F & G SUPPLY PRIVATE LIMITED [Active] CIN = U51900DL2012PTC239188

Company & Directors' Information:- S A N SOLUTIONS PRIVATE LIMITED [Active] CIN = U74999DL2002PTC117534

Company & Directors' Information:- O J S G SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74999DL2014PTC267923

Company & Directors' Information:- I G SOLUTIONS PRIVATE LIMITED [Active] CIN = U70109DL2012PTC244223

Company & Directors' Information:- S N R SOLUTIONS PRIVATE LIMITED [Active] CIN = U72100DL2011PTC216142

Company & Directors' Information:- P G I T SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200DL2005PTC139469

Company & Directors' Information:- H R SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC073143

Company & Directors' Information:- A 2 Z SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109658

Company & Directors' Information:- A P D SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74900DL2013PTC249969

Company & Directors' Information:- V R A A P SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74950DL2014PTC271337

Company & Directors' Information:- R - N - A E - SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74900KA2008PTC045680

Company & Directors' Information:- V S T SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74900KA2010PTC053117

Company & Directors' Information:- V SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72200KA2010PTC052832

Company & Directors' Information:- N R L SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72900KA2013PTC069148

Company & Directors' Information:- S V SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74140GJ2007PTC051390

Company & Directors' Information:- H M I SOLUTIONS PRIVATE LIMITED [Active] CIN = U45203HR2021PTC094104

Company & Directors' Information:- A & A SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72200PN2008PTC131887

Company & Directors' Information:- T N B SOLUTIONS PRIVATE LIMITED [Active] CIN = U72900MH2007GAT171606

Company & Directors' Information:- H F SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72300DL2007PTC168577

Company & Directors' Information:- K V M SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72900DL2008PTC180136

Company & Directors' Information:- T F M SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74140KL2007PTC021232

Company & Directors' Information:- A R C O N SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72200KL2007PTC020421

Company & Directors' Information:- T & T SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72900GJ2007PTC051103

    Application No. 1 of 2020 & O.P.SR. No. 140594 of 2019

    Decided On, 22 June 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

    For the Petitioner: T.K. Baskar, Advocate. For the Respondents: R1, N. Umapathi, R2 & R3, R. Ramesh, Advocates.



Judgment Text

(Prayer: Applicant filed under Order XIV Rule 8 of O.S. Rules read with Sec. 151 of CPC to permit the petitioner to pursue against the respondents jointly under the services Agreement/Teaming Agreement dated 01.04.2015, the Services Agreement/Delivery Partner Agreement dated 05.06.2015 and the Engagement Letter dated 05.06.2015 by combining the cause of action against the respondents in this petition.)

1. This application has been filed by the applicant to pursue against the respondents jointly under Services Agreement/Teaming Agreement dated 01.04.2015 between the petitioner and the first respondent, the services agreement/delivery partner agreement dated 05.06.2015 between the petitioner and the second and third respondents and the engagement letter dated 05.06.2015 by combining the cause of action against the respondents and the Original Petition has been filed for appointment of a common arbitrator to decide the dispute arising out of the above agreements entered between the applicant and the respondents.

2. The main contention of the applicant is that the applicant is a sub contractor under Delivery Contract Agreement. Though there were clauses in the contract that without bypassing the contract, the parties are not supposed to deal with any other contract, the first and second respondents colluding with their wife have incorporated Limited Liability Partnership firm. In such view of the matter, all the disputes of the principal agreement and dispute arising out of the three agreements, a common arbitrator has to be appointed to enter reference.

3. Further, the learned counsel for the applicant also brought to the notice of this Court, when the applicant has invoked arbitration by way of letter dated 17.09.2019, nominating an advocate as an arbitrator, the respondents in their reply except objecting the name of the person to be appointed, had in fact suggested a retired Judge of this Court to be appointed as a sole arbitrator to resolve the issue. Having agreed in their reply notice, now the respondent has taken a different stand as if a common arbitrator cannot be appointed.

4. Whereas, the learned counsel for the respondents submitted that there is no commonality of facts and in the application filed under Section 9 of the Arbitration and Conciliation Act. Though the Single Bench has granted an interim Order, the same was stayed by the Division Bench of this Court. Hence, prayed for dismissal of this application.

5. I have perused the materials referred above. In all the three agreements there exist a clause for arbitration. As per the agreement dated 01.04.2015, the venue of the arbitration shall be either at Chennai or Mumbai. In the other two agreements, the venue shall be at Chennai. These facts are not in dispute. Admittedly, clause to refer the dispute to the arbitrator is governing parties. Though there are three agreements, it is the main contention of the applicant that LLP has been formed with collusion of the first respondent to defeat the rights of the applicant, there is commonality of the facts involved which inextricably interwined and the same shall be resolved by the common arbitrator.

6. As rightly pointed out by the learned counsel for the petitioner, the letter of invocation has been sent as early as on 17.09.2019 and the respondents have not objected for appointment of a common arbitrator and in fact they had agreed for appointment of Honourable Justice Mr.N.Paul Vasanthkumar as a sole arbitrator. However, the same was not accepted by the applicant. When the respondent themselves have agreed for a common arbitrator in respect of the three agreements, now it cannot be stated that all the disputes between the parties cannot be decided by a sole arbitrator. When a commonality of facts is involved and LLP also formed in the name of the wife of the Managing Director, the first respondent and wife of the third respondent, this Court is of the view that a common arbitrator can be appointed and the arbitrator shall decide the disputes arising out of the three agreements separately. The parties are at liberty to putforth their claims and counter claims, based on the above agreements.

7. The contention of the learned counsel for the respondent is that the Division Bench has stayed the interim Order passed by the Single Bench and hence, all the disputes cannot clubbed together. Therefore, he has stated that as there is a stay Order in respect of the interim Order granted under the application filed under section 9 of the Arbitration and Conciliation Act, a common arbitrator cannot be appointed. In the Orders of the Division Bench, what is stayed is the interim Order passed under Section 9 of Arbitration and Conciliation Act and not appointment of a common arbitrator. Hence, mere staying of the interim Order by the Division Bench will not be a bar for appointment of a common arbitrator, since the respondents themselves have accepted for appointment of a common arbitrator in their reply notice.

8. Accordingly, it is ordered as follows:

I] that Mr.S.Rajeswaran, Judge [Retd.], High Court, Madras, residing at No.AA-67, II Street, Near Rountana Nalli Silk House, Anna Nagar, Chennai -40, Mobile No9444390952 is appointed as a Sole Arbitrator to enter upon refere

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nce and adjudicate the matter. ii] That the learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the Order. iii] That the learned Sole Arbitrator appointed herein shall fix the fees and the same shall be borne by the parties equally. 9. This Original Petition is ordered accordingly, leaving the parties to bear their own costs. As the arbitrator has been appointed, O.P.No.SR140594 of 2019 is closed.
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