In the absence of the appellant's counsel, the Madras High Court considered an appeal against an order upholding an arbitral award. The Court dismissed the appeal as lacking merit and without need for formal default dismissal given the narrow scope of the grounds already examined below. No costs were awarded.
No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2017
CORAM
THE HONOURABLE Mr. JUSTICE M.M.SUNDRESH and THE HONOURABLE Mr. JUSTICE M.SUNDAR
O.S.A.No.195 of 2012
Mohamad S.Pathan, South Maharashtra Tempo Service, Near Aradhana Hotel, Opposite to Dhirjipura, Baroda District, Gujarat Pin: 390 001. .. Appellant vs 1.Indusind Bank Ltd., rep. by its Authorised representative Corporate Office at Sudarshan Building, No.86, Chamiers Road, Chennai – 600 018. 2.Dhirajlal K.Vakaria, South Maharashtra Tempo Service, Bajrang Bhuran, Baailalbhai House, Chhani, Baroda, Gujarat Pin: 391 740.
3.K.S.Gowthaman, Advocate/Arbitrator, New No.49, New NO.224 B, IV Cross street, Natesa Nagar, Virugambakkam, Chennai – 600 092. .. Respondents
Appeal filed under Order XXXVI, Rule 9 of Original Side Rules read with Clause 15 of Letters Patent against the order dated 23.2.2010 in O.P.No.710 of 2007 on the file of this Court.
For Appellant .. No Appearance For Respondents .. Mr.K.Moorthy for R1
JUDGMENT (Delivered by M.SUNDAR, J.)
This Intra Court appeal arises under Arbitration and Conciliation Act, 1996 (hereinafter referred to as “A & C Act” https://hcservices.ecourts.gov.in/hcservices/ for brevity)
(a) No notice to the appellant.
(b) Award was passed three years after the Arbitral Tribunal concluded the submissions and orders were reserved.
(c) Arbitral proceedings were initiated more than two years after the sale of the vehicle.
with the postal endorsement 'returned'.
Sd/Assistant Registrar //True copy//
Sub Assistant Registrar bbr To The Sub Assistant Registrar, Original Side, High Court, Madras.
+1cc to Mr.K.Moorthy, Advocate SR.No.76548
O.S.A. No.195 of 2012 CNR(CO) GN(18/12/2017)
1 issue framed by the court
Whether to allow an intra-court appeal against the dismissal of a challenge to an arbitral award when no representation is filed by the appellant.
3 provisions across 3 enactments
Mohamad S.Pathan
Indusind Bank Ltd.
Dhirajlal K.Vakaria
K.S.Gowthaman
M.M.SUNDRESH
M.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
