Disposed

M/s. Guna Dev Foundation, Rep by its Director Mrs.Rajalakshmi, v. M/s. Mansi Chhog Impex Chennai Pvt. Ltd. Rep by its Authorized Person Mr.a.Ramesh

Madras HC9 Sept 2020A/1918/2020

Case brief

AI extract

What is this about?

Court dispensed with production of the original arbitral award dated 11.02.2019 on the petitioner's showing that they were not served with it and obtained a certified copy instead, preserving respondent's rights to examine original if necessary.

What did the court decide?

Dispensed with production of the original arbitral award dated 11.02.2019, preserving respondent's rights to examine original records if necessary.

M/s. Guna Dev Foundation, Rep by its Director Mrs.Rajalakshmi, Vs… — Arbitration | Madras HC (2020)

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A.No.1918 of 2020 in OP.(D)No.50123 of 2020 (Filing Number)

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A.No.1918 of 2020 in

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OP.(D)No.50123 of 2020 (Filing Number)

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M.SUNDAR.J.,

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Instant application has been taken out with a prayer for dispensing

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with the production of original of impugned arbitral award dated 11.02.2019

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made in A.C.P.No.1 of 2018.

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Ms.Selvi George of M/s.Majestic Law Firm, who is before me in

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this web hearing on a video conferencing platform, draws my attention to unnumbered third paragraph in the affidavit filed in support of instant application, which reads as follows:

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' I respectfully state that I have not been served with the Original Award made in A.C.P.No.1 of 2018 dated 11.2.2019 and hence I have obtained the Certified copy of the Award from the Office of the Sub-Registrar. Hence, it is just and necessary to dispense with the production of the Original Award of the Learned Arbitrator made in A.C.P.No.1 of 2018 dated 11.2.2019. If the production is not dispensed with I will be put to irreparable loss and great hardship. On the otherhand no harm or prejudice will be caused to the Respondent if the dispense with is ordered.'

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http://www.judis.nic.in 1/3

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A.No.1918 of 2020 in OP.(D)No.50123 of 2020 (Filing Number)

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Contents of the aforementioned paragraph are reiterated in the

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hearing by learned counsel.

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Be that as it may, certified copy of impugned award as obtained, has

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been filed is learned counsel's say.

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Production of original of impugned award dated 11.02.2019 is

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dispensed with for the present preserving all rights of the respondent in this

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regard besides making it clear that this dispensing with for the present is

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subject to examination of original arbitral records by this Court (if deemed

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necessary) as it is the case of the petitioner that original arbitral award has

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not been served on the applicant/petitioner.

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Application ordered on above terms.

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09.09.2020

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kmi

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http://www.judis.nic.in 2/3

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A.No.1918 of 2020 in OP.(D)No.50123 of 2020 (Filing Number)

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M.SUNDAR.J

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kmi

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A.No.1918 of 2020 in
OP.(D)No.50123 of 2020
(Filing Number)

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09.09.2020

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http://www.judis.nic.in 3/3

M/s. Guna Dev Foundation, Rep by its Director Mrs.Rajalakshmi, v. M/s. Mansi Chhog Impex Chennai Pvt. Ltd. Rep by its Authorized Person Mr.a.Ramesh

Case brief

What is this about?

What did the court decide?

M/s. Guna Dev Foundation, Rep by its Director Mrs.Rajalakshmi, v. M/s. Mansi Chhog Impex Chennai Pvt. Ltd. Rep by its Authorized Person Mr.a.Ramesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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