Dismissed

M/s.New Link Overseas Finance Ltd., Rep.by its Director, v. M/s Sargam Metals Pvt. Ltd., Rep.by its Director

Madras HC17 Aug 2023Arb O.P(COM.DIV.)/6/2023

Case brief

AI extract

What is this about?

The High Court dismissed the original petition filed under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996, as withdrawn. The Court granted the petitioner liberty to file a civil suit while permitting respondents to raise objections if such a suit is instituted.

What did the court decide?

Petition dismissed as withdrawn; liberty granted to file civil suit.

M/s.New Link Overseas Finance Ltd., Rep.by its Director, Vs M/s… — Arbitration | Madras HC (2023)

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ARB.O.P.(Com.Div) No.6 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.08.2023

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CORAM:

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THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

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Arb.O.P.(Com.Div) No.6 of 2023

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M/s. New Link Overseas Finance Limited, Rep. by its Director, Through its Authorised signatory, Mr.P.Viswanathan, Mamatha Complex, Second Floor, No.25, Whites Road, Royapettah, Chennai – 600 104.

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... Petitioner

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Vs.

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1.M/s.Sargam Metals Pvt. Ltd., Rep. by its Director, Module 35, 3^rd Floor, Block-I, Electronic Complex, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai – 600 032.

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2.Mr.S.Arun,

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Director of M/s.Sargam Metals Pvt. Ltd., S/o. Thiru.R.P.Sarathi, No.189, Old No.122, St. Mary Road, Alwarpet, Chennai – 600 018.

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3.Mrs.Vijaya Arun, Director of M/s.Sargam Metals Pvt. Ltd., W/o. Mr.S.Arun, No.189, Old No.122, St. Mary Road, Alwarpet, Chennai – 600 018.

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https://www.mhc.tn.gov.in/judis 1/4

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1/4

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ARB.O.P.(Com.Div) No.6 of 2023

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4.Mr.S.Varadachari,

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Guarantor-cum-Authorised Signatory, Flat No.B1, Sarvana Priya Apartments, No.23.70, Pillayar Koil Street, Jafferkhanpet, Chennai – 600 083. ... Respondents

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Prayer : Arbitration Original Petition (Commercial Division) filed under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996, praying to appoint an Arbitrator to adjudicate the disputes between the petitioner and the respondent in terms of the Arbitration Agreements dated 05.11.2016, 11.11.2016 and 17.12.2016 and direct the respondents to pay costs.

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For petitioner : Mr.N. Prem Kumar For respondents : Mr.Vaibhav R. Venkatesh

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ORDER

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The learned counsel for the petitioner has made an endorsement

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in the Court bundle that permission may be granted for the petitioner

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to withdraw this petition with liberty to the petitioner to file a Civil Suit. The aforesaid endorsement is recorded.

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https://www.mhc.tn.gov.in/judis 2/4

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2/4

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ARB.O.P.(Com.Div) No.6 of 2023

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2 . Accordingly, this Arbitration Original Petition is dismissed as

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withdrawn. However, liberty is granted to the petitioner as prayed for. The respondents are also granted liberty to raise objections available to them under law, as and when a Civil Suit is filed by the petitioner.

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17.08.2023

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Index: Yes/ No Speaking/Non-speaking order Internet: Yes/No Neutral Citation: Yes/No

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Sni

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https://www.mhc.tn.gov.in/judis 3/4

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ARB.O.P.(Com.Div) No.6 of 2023

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ABDUL QUDDHOSE, J.

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Sni

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Arb.O.P.(Com.Div) No.6 of 2023

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17.08.2023

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https://www.mhc.tn.gov.in/judis 4/4

M/s.New Link Overseas Finance Ltd., Rep.by its Director, v. M/s Sargam Metals Pvt. Ltd., Rep.by its Director

Case brief

What is this about?

What did the court decide?

M/s.New Link Overseas Finance Ltd., Rep.by its Director, v. M/s Sargam Metals Pvt. Ltd., Rep.by its Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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