Dismissed

The Deputy General Manager v. T.Velshankar

Madras HC2 Dec 2019CMA(MD)/535/2019

Case brief

AI extract

What is this about?

The Madras High Court disposed of two civil miscellaneous appeals filed under Section 37 of the Arbitration and Conciliation Act. Finding that an arbitrator had been appointed after the appeals were filed, the court held nothing remained for adjudication.

What did the court decide?

Both appeals dismissed; case remanded to arbitrator with a direction to dispose within six months.

The Deputy General Manager Vs T.Velshankar — Arbitration | Madras HC (2019)

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C.M.A.(MD)Nos.535 and 536 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 02.12.2019

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CORAM

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THE HONOURABLE MRS. JUSTICE R. THARANI

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C.M.A.(MD)Nos.535 and 536 of 2019 and C.M.P.(MD)Nos.6254 and 6259 of 2019

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The Deputy General Manager, Hindustan Petroleum Corporation, Having Office at 1^st Floor, CMTS Bhavan, Ellis Nagar, Madurai 625 016. .. Appellant/Respondent in both C.M.As. Vs.

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T.Velshankar .. Respondent/Petitioner in both C.M.As.

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Prayer in C.M.A.(MD)No.535 of 2019: This Civil Miscellaneous Appeal is filed under Section 37 of the Arbitration and Conciliation Act, to set aside the judgment and decree dated 30.04.2019 and made in Arbitration O.P.No.108 of 2019 on the file of the learned Principal District Judge, Madurai.

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Prayer in C.M.A.(MD)No.536 of 2019: This Civil Miscellaneous Appeal is filed under Section 37 of the Arbitration and Conciliation Act, to set aside the judgment and decree dated 30.04.2019 and made in Counter claim No. of 2019 in Arbitration O.P.No.108 of 2019 on the file of the learned Principal District Judge, Madurai.

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For Petitioner (in both CMAs) : Mr.S.Srinivasa Raghavan For Respondent(in both CMAs) : Mr.D.Malaichamy

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COMMON ORDER

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Heard the learned counsel appearing on either side.

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2.The Civil Miscellaneous Appeals have been filed against the common judgment and decree passed in Arbitration O.P.No.108 of 2019 dated 30.04.2019 on the file of the learned Principal District Judge, Madurai.

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

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C.M.A.(MD)Nos.535 and 536 of 2019

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3.On the side of the appellant, it is stated that an Arbitrator was already appointed and the respondent made appearance before the Arbitrator and filed objections before the Arbitrator and the Arbitrator reserved the matter for interim order and there is no reasons to proceed with the appeals.

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4.On the side of the respondent, it is stated that the rights of the respondent should not be curtailed by lapse of time.

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5.These two civil miscellaneous appeals are filed against the common order passed in A.R.O.P.No.108 of 2019 and in Counter claim No. of 2019 dated 30.04.2019. Subsequently, an Arbitrator was appointed and the respondent filed objections before the Arbitrator.

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6.Hence, nothing survives for adjudication in these Civil Miscellaneous Appeals. Both the Civil Miscellaneous Appeals are disposed of with a direction to the Arbitrator to dispose of the case within a period of six months from the date of receipt of copy of this order. No Costs. Consequently, connected miscellaneous petitions are closed.

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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MRN

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The Principal District Judge, Madurai.

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+1 CC to M/s.S.SRINIVASARAGAVAN, Advocate ( SR-103002[F] dated 02/12/2019 )

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+1 CC to M/s.D.MALAICHAMY, Advocate ( SR-102945[F] dated 02/12/2019 )

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C.M.A.(MD)Nos.535 and 536 of 2019

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02.12.2019

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KK/SAR/09.01.2020/2P-4C/

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

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The Deputy General Manager v. T.Velshankar

Case brief

What is this about?

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The Deputy General Manager v. T.Velshankar

Case brief

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