The High Court of Madras dismissed an original petition seeking to set aside an arbitration award under Section 34 of the Arbitration and Conciliation Act due to non-prosecution by the petitioner after one party died.
Petition dismissed for non-prosecution with no costs to either party.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 08th DAY OF OCTOBER 2021
THE HON'BLE MR. JUSTICE N.SATHIH KUMAR
O.P. No.149 of 2018
In the matter of Arbitration and Conciliation Act 1966 and
In the matter of Disputes and Differences between M/s. Reliance Capital Ltd., M/s.Sekar Stores Home Mart and Two otheres in respect of Loan Agreement No.RLBLCHE000124696 dated 13.03.2009
1.M/s. Sekar Stores Homemart, Rep.by its Partner Mr.S.V.S.Manivannan, No.37 Arcot Road, Kodambakkam, Chennai 600 024.
2.S.V.S.Manivannan No.7 Flat No.2D Vineyand Flats United India Colony Second Cross Street, Kodambakkam, Chennai 600 024
3.S.V.S.Pandian No.7 Flat No.2D Vineyand Flats United India Colony Second Cross Street, Kodambakkam, Chennai 600 024 . . . Petitioners Versus 1.M/s.Reliance Capital Limited, Rep. By its Regional Collection Manager & POA No.10 -A Haddows Road, Nungambakkam, Chennai – 600 006. https://hcservices.ecourts.gov.in/hcservices/
2.D.Saravanan
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Sole aRbitrator
'Orient Chambers'
No.90 (Old No.73) Fourth Floor Armenian Street, Chennai 600 001.
. . . Respondents Original Petition praying that this Hon'ble Court be pleased to set
aside the award passed by the 2nd respondent dated 11.05.2012 in ACP (RCL) No.56 of 2011with costs and throughout.
This Original Petition coming on this day before this court for hearing in the presence of Mr.T.T.Ravi Chandran, Advocate for the petitioners herein and upon reading the petition filed herein and the memo filed herein dated 30.09.2021 and this Court doth recording the same, and this Court having observed that the parties are not interested to pursue the matter, and
it is ordered as follows :-
That the Petition in O.P.No.149 of 2018 be and is hereby dismissed for non-prosecution.
WITNESS THE HON'BLE MR.JUSTICE SANJIB BANERJEE, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 08th DAY OF OCTOBER 2021.
Sd./-
ASSISTANT REGISTRAR (O.S-II) //Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) https://hcservices.ecourts.gov.in/hcservices/ From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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KY
28.12.2021
O.P. No.149 of 2018
ORDER
DATED : 08.10.2021
THE HON'BLE MR. JUSTICE N.SATHISH KUMAR
FOR APPROVAL: 29.12.2021
APPROVED ON: 03.01.2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 08.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
O.P.No. 149 of 2018
1.M/s. Sekar Stores Homemart,
Rep.by its Partner Mr.S.V.S.Manivannan, No.37 Arcot Road, Kodambakkam, Chennai 600 024.
2.S.V.S.Manivannan
3.S.V.S.Pandian . . . Petitioners
Versus
1.M/s.Reliance Capital Limited, Rep. By its Regional Collection Manager & POA No.10 -A Haddows Road, Nungambakkam, Chennai – 600 006.
2.D.Saravanan . . . Respondents
PRAYER : Petition filed under Section 34 of the Indian Arbitration and Conciliation Act, 1996 to set aside the award passed by the 2nd respondent dated 11.05.2012 in ACP (RCL) No.56 of 2011with costs and throughout.
For Petitioners : M/s.T.T.Ravi Chandran
ORDER
Today, when the matter was taken up for hearing, learned counsel
https://hcservices.ecourts.gov.in/hcservices/ for the petitioner has filed a Memo dated 30.09.2021 stating that the second
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petitioner died due to COVID in the month of May 2021 and he had requested the brother of the deceased to file an application to implead legal heirs of the deceased but till now no response from his side. Hence, he is reporting no instructions in this matter. The said Memo is taken on record.
Sd./-N.S.K.J 08.10.2021
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
M/s. Sekar Stores Homemart
S.V.S. Manivannan
S.V.S. Pandian
M/s. Reliance Capital Limited
D. Saravanan
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
