Applicant sought extension of time to conclude arbitration proceedings due to the Covid-19 pandemic. The court extended the time limit by four months following mutual submission that pleadings were complete.
Time for concluding arbitration proceedings and pronouncing an award extended for four months from the date of receipt of the order.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 16th DAY OF NOVEMBER 2021
THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
A. No.4062 of 2021 in O.A. No.290 of 2018
A. No.4062 of 2021 A.No.9575 of 2019 in O.A. No.290 of 2018
In the matter of Arbitration and Conciliation Act 1996 and In the matter of disputes between M/s. Ch. Kishore and M/s. Tirumala Milk Products (p) Ltd based on agreement dated 21.07.2016.
M/s. Ch.Kishore D.No.8, 8th Street Periyar Nagar, Chennai 600 082 ... Applicant/Applicant
-Versus-
M/s.Tirumala Milk Products (P) Ltd., rep. by its General Manager, Mr.Eswarababu Kolli, Corporate Office, Old No.1418/2A1, 2B1, New No.75/8, 200 feet Road, Thirumalai Nagar Extn., Pooniamman Medu, Retteri, Chennai 600 110 ... Respondent/Respondent
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A. No.4062 of 2021
Application praying that this Hon'ble Court be pleased to extend the mandate of the learned Arbitrator to continue to adjudicate the dispute and pass an award in the arbitration proceedings initiated pursuant to orders passed by this Hon'ble Court on 20.04.2018 in O.A. No.290 of 2018 and extended by order 23.01.2020 in A.No.9575 of 2019.
This application coming on this day before this court for hearing in the presence of Mr.R.Arumugam, Advocate for the Applicant herein and Mr.G.Abraham Prabhu for M/s.BFS Legal (Law Firm), Advocates for the respondent herein and upon reading the Judge's Summons and the affidavit of Ch.Kishore filed herein and the order dated 23.01.2020 made in A.Nos.9573, 9575 to 9577 of 2019 in O.A.No.296 of 2018 and the Learned counsel for the applicant having submitted that Arbitration proceedings could not be concluded and it is also stated that the conclusion of proceedings were impacted by the Covid-19 Pandemic and the learned counsel for the respondent having submitted that does not contest the application, Indeed, the learned counsel for the respondent states that he has no objection to the extension of time, as requested by the applicant and both the parties having submitted that pleadings are complete and that the next stage in the said proceedings is the recording of oral evidence if any, it is
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ordered as follows:-
That the time for concluding the arbitration proceedings, by
pronouncing an award in respect of the dispute be and is hereby extended
for a period of four months from the date of receipt of a copy of this order.
WITNESS THE HON'BLE MR.JUSTICE M.DURAISWAMY, THE ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 16th DAY OF NOVEMBER 2021.
Sd./-
ASSISTANT REGISTRAR (Comm. Cases) //Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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KY
20.12.2021
A. No.4062 of 2021
in
O.A. No.290 of 2018
ORDER
DATED : 16.11.2021
THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
FOR APPROVAL:07.01.2022
APPROVED ON: 10.01.2022
Copy to:
Mr.K.Jayaraman, District Judge (Retd.,), Arbitrator residing at New No.151, Old No.22, 8th Main Road, Kasturba Nagar, Adyar, Chennai 600 020.
1 issue framed by the court
Whether to extend the time limit for concluding arbitration proceedings and pronouncing an award due to the pandemic.
M/s. Ch. Kishore
M/s. Tirumala Milk Products (p) Ltd.
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
