This judgment sets aside the abatement of Section 34 proceedings caused by the sole respondent's death and brings the respondent's legal heirs on record. The court allowed the applications to substitute parties.
Abatement is set aside; respondents 1 to 3 in A.No. 4138 of 2021 are brought on record as respondents 2 to 4 in O.P. No. 107 of 2021.
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.
A.Nos. 4132 & 4138 of 2021 in Arb.O.P.(Comm.Div.) No. 107 of 2021
A.Nos. 4132 & 4138 of 2021 in Arb.O.P.(Comm.Div.) No. 107 of 2021
SENTHILKUMAR RAMAMOORTHY,J.
These applications are filed to set aside the abatement caused by the
death of the sole respondent and to bring on record respondents 1 to 3 in Application No. 4138 of 2021 as respondents 2 to 4 in O.P. No. 107 of 2021.
through counsel. The counsel concurs in the fact that the proposed respondents are, indeed, the legal heirs of the deceased sole respondent.
SENTHILK
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A.Nos. 4132 & 4138 of 2021 in Arb.O.P.(Comm.Div.) No. 107 of 2021
UMAR RAMAMOORTHY,J.
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liable to be allowed. Accordingly, the following directions are issued:
(i) The abatement caused by the death of the sole respondent is set aside;
(ii) Respondents 1 to 3 in Application No. 4138 of 2021 are brought on record as respondents 2 to 4 in O.P. No. 107 of 2021.
The above applications are allowed on these terms and without any order as to costs.
consequential amendment to the petition on or before 02.12.2021. Upon carrying out such amendment, a copy of the amended petition shall be served on the respondents.
18.11.2021
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A.Nos. 4132 & 4138 of 2021
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1 issue framed by the court
Whether the abatement of the petition under Section 34 of the Arbitration and Conciliation Act, 1996 due to the death of the sole respondent can be set aside and legal heirs impleaded.
3 provisions across 1 enactments
Applicants
Legal Heirs of the Deceased Sole Respondent
Senthilkumar Ramamoorthy
Umar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
