The Madras High Court held that respondents failed to produce original educational certificates as directed earlier in the case and granted liberty to appellants to initiate recovery proceedings.
Liberty granted to appellants to proceed for recovery of educational certificates.
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.
CMA(MD). No.1441 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Sixth day of October Two Thousand Twenty One PRESENT
The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.1441 of 2013
1.C.Selvi
2.K.Chandrahasan
... Appellants/Petitioners
Vs
1 M/s.Arasan Vinayan Systems Through its Managing Director, Having Registered Office at Avt Mill Premises, Bye Pass Road, Chinnamani Nagar-II
Tuticorin
All India Chamber of Commerce and Industries
No.84/2,South Raja Street,
Tuticorin ... Respondents/Respondents
Prayer :-
Civil Miscellaneous Appeal filed under section 37,1 and 2 if Arbitration Act X of 1940 against the fair and decretal order dated 30.10.2012 passed in Arbitration O.P.No.305 of 2010 on the file of the file of the Principal District judge, Thoothukudi confirming the award dated 30.04.2010 passed by the second respndent in Arbitration No.6 of 2009.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.M.Saravanan, Advocate for the Petitioner and of Thiru.T.Antony Arul Raj, for the first respondent, this Court made the following order:
This Court, by order dated 13.08.2021, has allowed the Civil Miscellaneous Appeal and directed the first respondent to produce all the Original Educational Certificates of the first appellant / C.Selvi and the matter was listed “for reporting compliance”
CMA(MD). No.1441 of 2013
stated as follows:-
“1.The documents referred in SI.No.1 to 4 have no relevance to the dispute caused by failure of the 1st respondent in observing clause (1) of the Intellectual Property agreement, dated 14.08.2008.
2. The 1st Respondent had not deposited any of her original certificates with the Petitioner.
The memo has been filed by the I & II Respondents as dilatory tactics.
The Hon'ble Arbitrator be pleased to award as prayed for in the Petition.”
Assistant Registrar (CS III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
TO
+1cc to R.Subramanian, Advocate Sr.No. 31413 dated 06.10.2021
ORDER DATED : 06/10/2021
========================== ORDER ==========================
CMA(MD). No.1441 of 2013
Giving direction and etc. as stated within. KM(CO) https://hcservices.ecourts.gov.in/hcservices/ SB/NS (19.11.2021) 2P 3C
2 issues framed by the court
Whether the respondents complied with the court's earlier direction to produce educational certificates.
Whether liberty should be given to appellants to proceed for recovery of non-produced documents.
C.Selvi
K.Chandrahasan
M/s.Arasan Vinayan Systems
P.Samy Ayya
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
