Partly allowed

A.Devakar Selwyn v. M/S.Tirumala Milk Products (P) Ltd.

Madras HC16 Nov 2021A/4065/2021

Case brief

AI extract

What is this about?

The Madras High Court extended the time limit for the arbitral tribunal to conclude proceedings and pronounce an award in a dispute between A.Devakar Selwyn and M/s.Tirumala Milk Products (P) Ltd for a period of four months, considering the delay due to the Covid-19 pandemic and undisputed completion of pleadings.

What did the court decide?

Extension of time for concluding arbitration proceedings and pronouncing an award for a period of four months from the date of receipt of this order.

A.Devakar Selwyn Vs M/S.Tirumala Milk Products (P) Ltd. — Arbitration | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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TUESDAY, THE 16th DAY OF NOVEMBER 2021

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THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY

A. No.4065 of 2021

O.A. No.296 of 2018

A. No.4065 of 2021 A.No.9573 of 2019 in O.A. No.296 of 2018

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In the matter of Arbitration and Conciliation Act 1996

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and

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In the matter of dispute between A.Devakar Selwyn and M/s.Tirumala Milk Products (p) Ltd under arbitration based on agreement dated 21.07.2016

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A.Devakar Selwyn, D.No.9/5, Raghavan Street Ayyavoo Colony Aminjikarai, Chennai 600 037

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... Applicant/Applicant

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-Versus-

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M/s.Tirumala Milk Products (P) Ltd, Represented by its General Manager Mr.Eswarababu Kolli, Corporate Office, Old No.1418/2A1, 2B1, New No.75/8 200 feet Road, Thriumalai Nagar Extn, Pooniamman Medu, Retteri, Chennai 600 110.

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... Respondent/Respondent

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A. No.4065 of 2021

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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.296 of 2018 and extended by order 23.01.2020 in A.No.9573 of 2019.

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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 A.Devakar Selwyn 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 Arbitraion 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

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is ordered as follows:-

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That the time for concluding the arbitration proceedings, by

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pronouncing an award in respect of the dispute be and is hereby extended

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for a period of four months from the date of receipt of a copy of this order.

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That there shall be no order as to costs of this application.

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WITNESS THE HON'BLE MR.JUSTICE M.DURAISWAMY, THE ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 16th DAY OF NOVEMBER 2021.

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Sd./-

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ASSISTANT REGISTRAR (Comm. Cases) //Certified to be true copy// Dated at Madras this the day of 2022.

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COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

20.12.2021

A. No.4065 of 2021

O.A. No.296 of 2018

ORDER

DATED : 16.11.2021

THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY

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FOR APPROVAL:07.01.2022

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APPROVED ON: 10.01.2022

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Copy to:

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Mr.K.Jayaraman, District Judge (Retd.,), Arbitrator residing at New No.151, Old No.22, 8th Main Road, Kasturba Nagar, Adyar, Chennai 600 020.

A.Devakar Selwyn v. M/S.Tirumala Milk Products (P) Ltd.

Case brief

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A.Devakar Selwyn v. M/S.Tirumala Milk Products (P) Ltd.

Case brief

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