The High Court directed the withdrawal of petitions filed under Section 34 of the Arbitration Act to be granted with liberty to re-present before the competent court in New Delhi, while leaving the limitation issue open.
Petitions withdrawn with liberty to re-present before the competent court in New Delhi.
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O.P.Nos.518, 519 & 520 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2019
CORAM
THE HONOURABLE Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
O.P.Nos.518, 519 & 520 of 2013
M/S.NEPC India Ltd
1678, Trichy Road,
Ramanathapuram,
Coimbatore-641 045 ..Petitioner in
all O.Ps
Vs
1.M/S.Goyal M.G.Gases, Pvt, Ltd.
53, New Friend's colony (East)
New Delhi-110 065 .. 1 st Respondent in
O.P.No.518 & 519 of 2013
2.M/S.Morgan Ventures Pvt.Ltd.
53, New Friend's colony (East)
New Delhi-110 065 .. 1 st Respondent in
O.P.No.520 of 2013
3.Mr.Justice Devinder Gupta (Retd.)
.. 2nd Respondent in all O.Ps
Common prayer: Original Petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 praying to set aside the Award dated 11.11.2011 passed in WEG (case No.3/29), (case No.1/32) and (Case No.4/12) in entirety.
O.P.Nos.518, 519 & 520 of 2013
For Petitioner in all O.Ps : Mr.K.V.Karthik Subramanian For Respondent 1 in all O.Ps : M/s.S.L.Sundarsanam
COMMON O R D E R
I heard the learned counsel for the petitioner and the learned
counsel for the first respondent.
O.P.Nos.518, 519 & 520 of 2013
4.Upon consideration of the Memo, Objections and the oral
statements, it is directed that the petition along with all connected papers, including the original Arbitral award, be returned to the petitioner as requested for the purpose of re-presentation before the appropriate Court in New Delhi.
5.It is made clear that the question of applicability of Section 14 of the Limitation Act, 1963, to the proceedings before this Court is left open to
be decided when the petitions are re-presented before the appropriate
Court in New Delhi. Therefore, these petitions are closed for the above reasons.
03.10.2019
Speaking/Non-speaking Orders.
Index: Yes/No
Internet: Yes/No
vsn
O.P.Nos.518, 519 & 520 of 2013
SENTHILKUMAR RAMAMOORTHY,J vsn
03.10.2019
O.P.Nos.518, 519 & 520 of 2013
1 issue framed by the court
Whether permission should be granted to withdraw the petitions with liberty to re-present the same.
Colour shows how this judgement treated each authority
Brahmani River Pellets Vs. Kamachi IndustriesReferred¶16
Brahmani River Pellets Vs. Kamachi Industries C.A.No.5850 of 2019 dated 25.07.2019
1 provisions across 1 enactments
M/S.NEPC India Ltd
M/S.Goyal M.G.Gases, Pvt, Ltd.
M/S.Morgan Ventures Pvt.Ltd.
SENTHILKUMAR RAMAMOORTHY
DEVINDER GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
