The Madras High Court has appointed former Calcutta High Court Chief Justice TS Sivagnanam as an arbitrator to decide a dispute over the appointment of a dog show judge by the Kennel Club of India (KCI).
Justice K Kumaresh Babu passed the order on September 1 in a petition filed by one CS Sanjay Reddy, who moved the Court challenging the appointment of one Gauri Nargolkar as an 'all breed judge' of the Kennel Club.
Reddy alleged that Nargolkar was elevated to the position without possessing the requisite qualifications.
An 'all breed judge' is a judge qualified to assess dogs belonging to different recognised breeds at dog shows.
Reddy had initially filed a civil suit to have Nargolkar’s appointment declared null and void. However, the Kennel Club and the other respondents invoked the arbitration clause in its by-laws and sought reference of the dispute to arbitration under Section 8 of the Arbitration and Conciliation Act.
The civil court accepted the plea and referred the dispute to arbitration. Reddy unsuccessfully challenged that decision in appeal and later moved the High Court in second appeal. He eventually opted to pursue arbitration and approached the High Court for appointment of an arbitrator.
The Kennel Club opposed the arbitration petition, arguing that it was barred by limitation and that Reddy had failed to issue a notice invoking arbitration under Section 21 of the Arbitration Act.
The High Court rejected both objections.
It held that Reddy was entitled to exclude the period spent pursuing his appellate remedies while computing limitation.
The Court also held that a separate Section 21 notice was unnecessary since the dispute had already been disclosed in the civil suit and it was the respondents themselves who had earlier contended that it should be resolved through arbitration.
Finding no impediment to arbitration, Justice Babu appointed Justice Sivagnanam as the sole arbitrator and permitted him to fix his own fee.
Justice Sivagnanam had retired as Chief Justice of the Calcutta High Court. He was also appointed to head an appellate tribunal dealing with challenges arising from the Special Intensive Revision of electoral rolls in West Bengal. He later resigned from that role.
Reddy was represented by advocate VG Suresh Kumar.
Senior Advocate R Srinivas, instructed by advocate Mythili Srinivas, appeared for the respondents.
[Read Judgment]