The petition to set aside an ex parte arbitration award was closed without passing any substantive order as the respondent agreed to withdraw its claim and proceed with execution against other borrowers.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.11.2018
CORAM:
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
Original Petition No.517 of 2015
R.Valayapathi ... Petitioner
vs.
1. M/s.Shriram City Union Finance Ltd.,
No.4/289, Pycrafts Road, 1st Floor,
Triplicane, Chennai 600 005.
2. Chandrasekar
3. G.Roasanna
4. P.Radhakrishnan
5. K.Ramkumar,
Sole Arbitrator,
No.90, Peters Road,
New College Shopping Complex,
Chennai 600 014. ... Respondents
Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the exparte Award of the Sole Arbitrator/5th Respondent herein passed in ACP (SCUF/EF) No.RK 103 of 2014, dated 03.09.2014 as against the Petitioner herein with costs.
For Petitioner : Mr.N.P.Kumar
For 1st Respondent : Mr.S.Amalaraj Penikilapatti
For Respondents 2 to 5 : No appearance
2
O R D E R
This Petition is filed seeking to set aside the exparte Award of the Sole Arbitrator/5th Respondent herein passed in ACP (SCUF/EF) No.RK 103 of 2014,
dated 03.09.2014 as against the Petitioner herein.
SHRIRAM CITY UNION FINANCE ADDRESS No.11, Ramasamy Avenue, I Floor, Vannandurai, Besant Nagar, Chennai - 20.
___________________________________________________ Dated: 21.05.2015 To:
Mr.Ram Kumar (Sole Arbitrator), Peters Road, Royapettah.
Sir,
3
ACP No.103/2014 Agreement No.KKNBRTF10210002 BORROWER NAME: Mr.A.L.Chandrasekaran
This is to inform you that Mr.Valayapathi, who
has given surety in Trade Loan Agreement
No.KKNBRTF10210002, may be discharged from his
liability.
Hence, we request you to not to press the case
against him and proceed EP against Borrower and other
Co-Borrower.
With Regards,
Vice President (R)
3. Taking the communication dated 21.05.2015 of the 1st
Respondent on record, this Original Petition is closed , as no further orders are
required. No costs.
26.11.2018
Index : Yes/No
Speaking Order : Yes/No
(aeb)
4
S.VAIDYANATHAN,J.
(aeb)
O.P.No.517 of 2015
26.11.2018
R.Valayapathi
M/s.Shriram City Union Finance Ltd.
Chandrasekar
G.Roasanna
P.Radhakrishnan
K.Ramkumar
S.Vaidynathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
