The Madras High Court dismissed a civil miscellaneous appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996. The appeal was against an ex parte conditional order of attachment passed by the Sole Arbitrator due to the appellant's non-appearance and failure to reply to a pre-proceeding notice.
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 No.807 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A.No.807 of 2023 and C.M.P.No.7469 of 2023
Prasanna Balaji ... Appellant
-Vs-
M/s.Equitas Small Finance Bank Ltd Rep.by its Assistant Manager-Legal Spencer Plaza, 4th Floor, Phase II No.769, Anna Salai, Chennai 600 002.
... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 against the order dated 21.11.2022 made in Application No.491 of 2022 in Arbitration Case No.536 of 2022 on the file of the Sole Arbitrator.
For the Appellant : Mr.R.Rajan
Page 1 of 4
CMA No.807 of 2023
J U D G M E N T
(Made by the Hon'ble Acting Chief Justice)
Learned Counsel for the Appellant refused to listen to this Court when he was asked to read Para 10 of the order passed by the Sole Arbitrator dated 21.11.2022 made in Application No.491 of 2022 in Arbitration Case No.536 of 2022. We do not find any justification for the learned counsel for the appellant in not responding to our request.
Page 2 of 4
CMA No.807 of 2023
an exparte conditional order of attachment.
(T.R., ACJ.) (D.B.C., J.) 13.04.2023 Index : Yes/No Neutral Citation : Yes/No kst
Page 3 of 4
CMA No.807 of 2023
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.
(kst)
C.M.A.No.807 of 2023
13.04.2023
Page 4 of 4
2 issues framed by the court
Whether a civil miscellaneous appeal against an ex parte conditional order of attachment passed by the Sole Arbitrator under Section 17 of the Arbitration and Conciliation Act, 1996 should be allowed.
Whether the appellant received the pre-proceeding notice and opposed the attachment petition before the Sole Arbitrator before staying the proceedings.
2 provisions across 1 enactments
Prasanna Balaji
M/s.Equitas Small Finance Bank Ltd
T.Raja
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
