A common order dismissing three original petitions filed under the Arbitration and Conciliation Act for appointing arbitrators. The court held that an arbitrator had already been appointed by a different Bench, rendering the petitions dead.
Original petitions dismissed as an arbitrator had already been appointed by another Bench.
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.
O.P.Nos.191 to 193 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.03.2021
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
O.P.Nos.191 to 193 of 2021
M/s.Talwar Mobiles Pvt Limited Patny Plaza, No.160, Sardar Patel Rd, Viman Nagar, Begumpet, Hyderabad, Telangana – 500 003 Rep by its Authorized Director ... Petitioner Vs. M/s.Hyundai Motors India Limited Plot No.H-1, Sipcot Industrial Park, Irrungatukottai, Sriperumbudur Taluk, Kancheepuram 602 117 ... Respondent
Prayer in O.P.No.191 of 2021 : The Petition is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 read with the Appointment of Arbitrator's Scheme by the Chief Justice of Madras High Court's Scheme, 1996, to appoint a sole arbitrator to adjudicate the disputes arising between the petitioner and the respondent in pursuant to the agreement dated 20.05.1999 & 10.04.2006 and clause 11 of the General Terms conditions of contract for the respondent.
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O.P.Nos.191 to 193 of 2021
Prayer in O.P.No.192 of 2021 : The Petition is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 read with the Appointment of Arbitrator's Scheme by the Chief Justice of Madras High Court's Scheme, 1996, to appoint a sole arbitrator to adjudicate the disputes arising between the petitioner and the respondent in pursuant to the agreement dated 13.01.2016 and clause 11 of the General Terms conditions of contract for the respondent.
Prayer in O.P.No.193 of 2021 : The Petition is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 read with the Appointment of Arbitrator's Scheme by the Chief Justice of Madras High Court's Scheme, 1996, to appoint a sole arbitrator to adjudicate the disputes arising between the petitioner and the respondent in pursuant to the agreement dated 13.01.2016 and clause 11 of the General Terms conditions of contract for the respondent.
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O.P.Nos.191 to 193 of 2021
COMMON ORDER
The learned counsel appearing for the respondent in these three
matters would submit that the I Bench by order dated 03.03.2021 in
O.S.A.Nos.72 to 74 of 2021 has appointed the Hon'ble Mr.Justice
K.Kannan (Retd), Punjab and Haryana High Court as the arbitrator in the
above matters. Considering the same, nothing survives for consideration
in the above Original Petitions and the Original Petition are dismissed. No
costs.
04.03.2021
Internet : Yes/No
Index :Yes/No
Speaking / Non-Speaking
kan
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O.P.Nos.191 to 193 of 2021
P.T. ASHA. J,
kan
O.P.Nos.191 to 193 of 2021
04.03.2021
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M/s. Talwar Mobiles Pvt Limited
M/s. Hyundai Motors India Limited
P. T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
