S.Vijayalatha v. M/S.Peerless Securitieslimited
Case brief
What is this about?
The High Court held that the petitioner was not served with notice of the arbitration proceedings or the hearing. Due to lack of opportunity to be heard, the learned Single Judge set aside the impugned arbitral award dated December 24, 2008.
What did the court decide?
The impugned award dated 12.04.2009 is set aside. The original petition is disposed of.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.09.2016
CORAM
THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER
ORIGINAL PETITION NO.536 OF 2012
Mrs.S.Vijayalatha
... Petitioner/Applicant
Versus
- M/s.Peerless Securities Limited, No.1, Chowringhee Square-2nd Floor, Kolkatta, West Bengal-700 069.
- Mr.R.Subramanian Sole Arbitrator, C/o.National Stock Exchange of India Limited, 2nd Floor, Ispahani Centre, Door No.123-1234, Nungambakkam High Road, Nungambakkam, Chennai-600 034 ... Respondent/Respondent
PRAYER: Original Petition filed against the award passed by the Learned
Issues for consideration
2 issues framed by the court
Whether an arbitration award should be set aside if the arbitrator failed to serve notice of proceedings to the petitioner resulting in no opportunity of being heard.
Whether the lack of proof of service of arbitration notice and hearing bailment to the petitioner vitiated the arbitral award.
Parties & counsel
- petitioner
Mrs. S. Vijayalatha
- respondent
M/s. Peerless Securities Limited
- respondent
Mr. R. Subramanian
Coram
Case details
As recorded by the court registry
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