Dismissed

The Tamil Nadu Circle Postal v. The Central Registrat of

Madras HC29 Jun 2015WA/322/2015

Case brief

AI extract

What is this about?

The court disposed of a Letters Patent appeal and a writ petition challenging an interim order related to member disqualification during arbitration proceedings. The court held that the subject matter became infructuous after the main appeal and arbitration concluded, leading to the closure of the appeals without costs.

What did the court decide?

The appeal was disposed of as the subject matter became infructuous. M.P.No.1 of 2015 stands closed. No costs.

The Tamil Nadu Circle Postal Vs The Central… — Civil Procedure and Limitation | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 29.06.2015

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CORAM

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The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE

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AND

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The Hon'ble MR.JUSTICE T.S.SIVAGNANAM

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W.A.No.322 of 2015

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and M.P.No.1 of 2015 The Tamil Nadu Circle Postal Co-operative Bank Ltd., Rep. by its President, Mr.C.Janakiraman. .. Appellant -vs-

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The Central Registrar of Co-operative Societies, Dept. Of Agriculture & Cooperation, Ministry of Agriculture, Govt. Of India, Krishi Bhawan, New Delhi.

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Mr.Nirmal Singh, IAS (Rtd.) Arbitrator, A-81, Section-46, Noida.

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Ezhil Rosaline, President. 4. K.Gunasekar, Director.

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D.Rajendran, Director.

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D.Ravi, Director.

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S.Sundaramoorthy.

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K.A.Sultan Mohideen. 9. V.Venkatraman

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(RR3 to 9 impleaded as per order

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of Court dt.04.03.2015 in WP) .. Respondents

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Appeal filed under Clause 15 of the Letters Patent against the order dated 03.02.2015 in W.P.No.30469 of 2014 on the file of this Court.

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Petition filed under Article 226 of the constitution of India for issuance of a writ of certiorari callup for the entire records relations to the impushed communication passed by the 1st respondent F.No-R-11017/33/2012/L&m dated 14.11.2014 and quash the same as illegal and unlawful.

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https://hcservices.ecourts.gov.in/hcservices/

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For Appellant : Mr.V.Raghavachari For Respondents : Mr.Su.Srinivasan, Asst. Solicitor Genl. For R-1 : Mr.P.R.Raman for Mr.J.Suresh for RR 3 to 9

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J U D G M E N T

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(Judgment of the Court was delivered by The Hon'ble Chief Justice)

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The proceedings started on the allegation that the private respondents had disqualified themselves to be members of the Board and ceased to be so having absented themselves for three consecutive meetings. This issue was referred to arbitration and the order dated 14.11.2014 was passed by the Deputy Director (Cooperation) directing that during the pendency of the arbitration proceedings, the alleged disqualification would stand nullified. The endeavour of the appellant to assail this order resulted in an adverse verdict in W.P.No.30469 of 2014, decided on 19.12.2014, which is now assailed before us.

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2.We had noted on the first date of hearing of 04.03.2015 itself that a preliminary issue was raised before the Arbitrator with regard to maintainability, over which an appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as 'the said Act'), being O.P.No.466 of 2014, before this Court and the matter was adjourned awaiting the verdict in the said appeal. The jurisdictional issue raised in O.P.No.466 of 2014 ended in an adverse order against the appellant. Subsequently, the learned Arbitrator has passed an award on merits.

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3.In so far as the order dated 14.11.2014 is concerned, that was in the nature of interim arrangement and the main matter, being arbitration proceedings, itself has been concluded by the Arbitrator post the decision in the appeal under Section 37 of the said Act.

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4.We, thus, dispose of the appeal, the subject matter having become infructuous. No costs. Consequently, M.P.No.1 of 2015 stands closed.

/true copy/

Sub Asst. Registrar

sra

https://hcservices.ecourts.gov.in/hcservices/

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The Central Registrar of Co-operative Societies, Dept. Of Agriculture & Cooperation, Ministry of Agriculture, Govt. Of India, Krishi Bhawan, New Delhi.

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+1cc to M/s.V.Raghavachari, Advocate sr.no.31877 +1cc to M/s.J.Suresh, Advocate sr.no.32254

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W.A.No.322 of 2015

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mp[co] srg 31.07.2015

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https://hcservices.ecourts.gov.in/hcservices/

The Tamil Nadu Circle Postal v. The Central Registrat of

Case brief

What is this about?

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The Tamil Nadu Circle Postal v. The Central Registrat of

Case brief

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