Allowed

M/S.Bharat Petroleum Corporation Ltd., v. M/S.Samalpatti Power Co. Pvt. Ltd.

Madras HC22 Oct 2021CRP/2234/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras allowed a Civil Revision Petition filed to set aside a docket order that rejected an Execution Petition due to the absence of a specific number in the underlying arbitration award. The Court observed that arbitrators do not maintain registers with numbers like courts do.

What did the court decide?

The docket order dated 04.09.2021 is set aside, and the Principal District Judge, Krishnagiri, is directed to number the Execution Petition and proceed with it on merits.

M/S.Bharat Petroleum Corporation Ltd., Vs M/S.Samalpatti Power… — Arbitration | Madras HC (2021)

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C.R.P. (NPD) No.2234 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.10.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

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C.R.P. (NPD) No.2234 of 2021

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M/s.Bharat Petroleum Corporation Ltd. No.1, Ranganathan Garden, Annanagar, Chennai - 600 040.

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... Petitioner / Decree Holder

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versus

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M/s.Samalpatti Power Co. Pvt. Ltd. Sreyas Virat, No.14, First Floor, Third Cross Road, Raja Annamalaipuram, Chennai - 600 028.

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... Respondent / Judgment Debtor

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PRAYER : Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the Docket order dated 04.09.2021 in E.P. Filing No.121 of 2021 of the Principal District Court, Krishnagiri and diret the Principal District Court, Krishnagiri, to take E.P. Filing No.121 of 2021 on record and number the same.

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https://www.mhc.tn.gov.in/judis/

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C.R.P. (NPD) No.2234 of 2021

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O R D E R

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This Civil Revision Petition is filed to set aside the docket

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order dated 04.09.2021 in E.P. Filing No.121 of 2021 on the file of the learned Principal District Judge, Krishnagiri and direct the learned Principal District Judge, Krishnagiri, to take E.P. on its file.

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2. The learned counsel for the petitioner submitted that, the petitioner got an arbitration award before the Arbitral Tribunal comprised of Hon'ble Mr.Justice Doraiswamy Raju, Hon'ble Mr.Justice K.P.Sivasubramaniam and Hon'ble Mr.Justice K.Govindarajan. The award was passed on 05.11.2019. When the petitioner filed Execution Petition in E.P. Filing No.121 of 2021 before the learned Principal District Judge, Krishnagiri, for enforcing the award, the petition was returned raising several objections. The petitioner complied with those objections. However,

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repeated returns have been made stating that, there is no specific case number, is given in the arbitration award. It is the submission of the learned counsel for the petitioner that, there would not be any specific number assigned to an arbitration proceedings, for the reason that the arbitration

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https://www.mhc.tn.gov.in/judis/

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C.R.P. (NPD) No.2234 of 2021

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proceedings, is an independent proceedings. In the said circumstances, this petition is filed seeking for the aforesaid direction.

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3. Considered the submission of the learned counsel for the

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petitioner and perused the records.

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4. The copy of the arbitration award dated 05.11.2019 produced before this Court and the copy of the Execution Petition in E.P. Filing No.121 of 2021, is also produced before this Court. It is seen from the copy of the Execution Petition that, the petition was returned raising several grounds. The petitioner had complied with the returns and represented the Execution Petition. It appears that the repeated returns had been made stating that the arbitration award number, is to be noted. Unlike

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the Court proceedings, whether the suit register or petition register, are maintained to register the suit / petition with identifiable number, the arbitration proceedings are initiated by the arbitrator appointed for the purpose. The arbitrators are appointed in each and every case and therefore,

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it is not possible for the arbitrators to maintain the register to enter the

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3/5

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https://www.mhc.tn.gov.in/judis/

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C.R.P. (NPD) No.2234 of 2021

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arbitration proceedings and give number. Therefore, the docket order dated

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04.09.2021 in E.P. Filing No.121 of 2021, is set aside and the learned Principal District Judge, Krishnagiri, is directed to number the Execution Petition, if it is otherwise in order and proceed with the Execution Petition,

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on merits and in accordance with law.

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Accordingly, this Civil Revision petition is allowed.
However, there is no order as to costs.
22.10.2021
Speaking order / Non-speaking order
Index : Yes / No
Note : Registry is directed to return the original order copy
to the learned counsel for the petitioner.
sri
To
The Principal District Judge,
Krishnagiri.

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https://www.mhc.tn.gov.in/judis/

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C.R.P. (NPD) No.2234 of 2021

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G.CHANDRASEKHARAN, J.

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sri

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C.R.P. (NPD) No.2234 of 2021
22.10.2021

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5/5

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https://www.mhc.tn.gov.in/judis/

M/S.Bharat Petroleum Corporation Ltd., v. M/S.Samalpatti Power Co. Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/S.Bharat Petroleum Corporation Ltd., v. M/S.Samalpatti Power Co. Pvt. Ltd.

Case brief

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