Allowed

M/S.Shapoorji and Pallonji and Co. Pvt. Ltd. v. M/S.G.Sundram Finance Pvt. Ltd.

Madras HC26 Mar 2021CMA/586/2021

Case brief

AI extract

What is this about?

The High Court at Madras set aside orders of the sole Arbitrator directing the appellant to deposit sums to respondents. Holding that no amounts are payable since the Garnishee denied liability, the Court allowed the Civil Miscellaneous Appeals and closed connected petitions.

What did the court decide?

Impugned order of the sole Arbitrator directing deposit of sums set aside. Civil Miscellaneous Appeals allowed and connected miscellaneous petitions closed.

M/S.Shapoorji and Pallonji and Co. Pvt. Ltd. Vs… — Company and Corporate | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.03.2021

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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C.M.A.Nos.586 and 587 of 2021 and C.M.P.Nos.3601 and 3606 of 2021

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M/s.Shapoorji and Pallonji and Company Private Limited, Regional Office: PS Srijan Corporate Park, Tower No.1, 7th Floor, Plot No.G-2, Block-G.P., Section V, Salk Lake, Kolkata – 700 091, West Bengal. ...Appellant/Garnishee -V-

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1 M/S.SUNDRAM FINANCE PVT LTD, No.21, Patullos Road, Chennai – 600 002. 2 M/s.HITANI ENTERPRISES PRIVATE LTD., D-228, 3rd Floor, Vivek Vihar Phase-1, Delhi Anand Vihar, East Delhi – 110 092. 3 AHLUWALIA CONTRACTS (I) LTD., No.A-177, Okhla Industrial Area, Phase -1 New Delhi - 20. ...Respondents

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Prayer in both appeals: Appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996 praying to set aside the impugned order of the sole Arbitrator passed in Arbitration Case No.PR/SF/30/2020 and Arbitration Case No.PR/SF/28/2020.

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Aggrieved by the orders passed by the Arbitral Tribunal directing to deposit a sum of Rs.42,86,302/- in Arbitration Case No.PR/SF/30/2020 and a sum of Rs.43,59,762/- in Arbitration Case No.PR/SF/28/2020, the appellant is before this Court.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The appellant has been arrayed as a Garnishee from whom the amounts are payable to the respondents 2 and 3. It is the case of the Garnishee that no amounts are payable to the respondents 2 and 3 and therefore, he has been unnecessarily dragging on the proceedings. The above fact is not denied by the 1^st respondent/claimant.

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In these circumstances, the orders passed by the learned Arbitrator in Arbitration Case No.PF/SF/30/2020 directing to deposit a sum of Rs.42,86,302/- and a sum of Rs.43,59,762/- in Arbitration Case No.PR/SF/28/2020 against the appellant is set aside and the Civil Miscellaneous Appeals are allowed. Consequently, connected Miscellaneous Petitions are closed.

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Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
mps
+2ccs to M/s.Sri & Shankar, Advocate SR.No. 20233
C.M.A.Nos.586 and 587 of 2021 &
C.M.P.Nos.3601 and 3606 of 2021
A.SK(19.05.2021)

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https://hcservices.ecourts.gov.in/hcservices/

M/S.Shapoorji and Pallonji and Co. Pvt. Ltd. v. M/S.G.Sundram Finance Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/S.Shapoorji and Pallonji and Co. Pvt. Ltd. v. M/S.G.Sundram Finance Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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