- Court
- High Court of Madras
- Decided
- 23 July 2026
- Bench
- K.Kumaresh Babu
- Case no.
- Arb O.P(COM.DIV.) 450/2026
Judgment
Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU M/s.Oxford Health Care Represented by its Sole Proprietor Ms. Govindasamy Poovizhi, No. 23, 1st Floor, Bypass Service Road, SRR Nagar, Nolambur Phase II, Mogappair, Chennai-600037 ..Petitioner and applicant in all cases Vs
¶1Yazhi Scans, Rep.by its Sole Proprietor, Dr.Srinivasan Arthika, Door No.4/554, Pari Salai, Mugappair East, Chennai – 600037.
¶2Ms.G Prema ..Respondents in Arb.O.P(Com.Div)No. 450 of 2026
¶1Yazhi Scans, Rep. By its Sole Proprietor, Dr.Srinivasan Arthika, Door No.4/554, Pari Salai, Mugappair East, Chennai – 600 037.
¶2N.Poosaithurai, S/o.Natesan … Respondents in O.A.Nos.29 and 30 of 2026 [2nd respondent impleaded by way of order dated 03.06.2026 in A.No.1241 of 2026] Page2 of 6 Prayer in Arb.O.P(Com.Div)No.450 of 2026 : Arbitration Original Petition filed under Sections 14(2) and 15(2) of the Arbitration and Conciliation Act, 1996, for the following reliefs: a) To Terminate the mandate of the sole arbitrator G.Prema in Arbitration Claim Petition No. GP/05/2025, and substitute a sole arbitrator to be appointed by this Hon'ble Court to adjudicate the disputes between the Petitioner and the 1st Respondent arising out of the Asset Purchase and Non-Compete Agreement dated 21.08.2025. b) To direct the 1st respondent to pay the costs of the present petition Prayer in O.A.No.29 of 2026: Original Application filed under Order XIV Rule 8 of the O.S.Rules read with Section 9(1)(ii)(a) of the Arbitration and Conciliation Act, 1996, to pass an order of interim injunction restraining the respondent from in any manner utilizing, transferring, encumbering or dealing with any of the assets, interests or goodwill of the business carried on in the name and style of Yazhi Scans; Prayer in O.A.No.30 of 2026: Original Application filed under Order XIV Rule 8 of the O.S.Rules read with Section 9(1)(ii)(e) of the Arbitration and Conciliation Act, 1996, to pass an order of interim injunction restraining the respondent from either directly or indirectly carrying on business in the name and style of Yazhi Scans or any variant thereof; For Petitioner : [in all petitions] Ms.Ashwini Vaidialingam For Respondent : Mr.R.Abdul Mubben [R1] [in all petitions] Page3 of 6 COMMON ORDER These petition and the applications have been filed for the following reliefs:
(a) Arbitration Original Petition (Com.Div). No.450 of 2026:
(i) To Terminate the mandate of the sole arbitrator G.Prema in Arbitration Claim Petition No. GP/05/2025, and substitute a sole arbitrator to be appointed by this Hon'ble Court to adjudicate the disputes between the Petitioner and the 1st Respondent arising out of the Asset Purchase and Non-Compete Agreement dated 21.08.2025.
(ii) To direct the 1st respondent to pay the costs of the present petition
(b) Original Application No.29 of 2026: To pass an order of interim injunction restraining the respondent from in any manner utilizing, transferring, encumbering or dealing with any of the assets, interests or goodwill of the business carried on in the name and style of Yazhi Scans;
(c) Original Application No.30 of 2026: To pass an order of interim injunction restraining the respondent from either directly or indirectly carrying on business in the name and style of Yazhi Scans or any variant thereof;
¶2Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent. Page4 of 6
¶3Serious contentions were raised by the learned counsel appearing for the 1st respondent for maintainability of the applications under Section 9 of the Arbitration and Conciliation Act, 1996 [in short, 'the Act'], in view of the order passed by the sole Arbitrator, whose appointment is under challenge in the OP filed under Sections 14 and 15 of the Act by the applicant. However, taking into consideration that an order of injunction was granted as prayed for by this Court as early as 09.01.2026, and as of today, the scan centre is under lock and key and the same is in possession of the 1st respondent in view of the injunction granted by this Court. The status quo as of today shall be maintained by the respective parties.
¶2The learned counsel for the 1st respondent has no objection in substituting the Arbitrator by this Court and they had also in unison suggested the name of Mr.A.K.Sriram, Senior Advocate to be substituted as a sole arbitrator.
¶3Accordingly, Mr.A.K.Sriram, Senior Advoate having office at 81, C.P.Ramaswami Road, Alwarpet, Chennai-600 018 [Ph.No.24993004, 24991608; Mob.No.9841043004] is appointed as sole Arbitrator.
¶4The parties are at liberty to file an application under Section 17 of the Act and the learned Arbitrator is requested to dispose of the same within a Page5 of 6 period of two(2) weeks, considering the nature of machineries that has not been put to use for past six (6) months.
¶5Accordingly, the Arbitration Original Petition stands ordered and the original applications stand closed. No costs. 23-07-2026 Index: Yes/No Speaking/Non-speaking order mp Page6 of 6 K.KUMARESH BABU J. mp 23-07-2026
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.