The plaintiff voluntarily endorsed that an arbitration clause rendered the suit unmaintainable. Relying on this endorsement, the Chief Justice rejected the plaint and permitted the plaintiff to initiate arbitration proceedings.
Plaint rejected with refund of full court fees; plaintiff permitted to initiate arbitration.
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.
C.S.(COMM DIV) No.134 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. (COMM. DIV.) No.134 of 2023
M/s.Itakem Finechem Pvt. Ltd. (formerly ITAKEM) Represented by its Managing Director .. Plaintiff
M/s.ESAAR TANNING COMPANY, 92/A, Gudiyattam Road, Periyavarigam, Ambur – 635 811.
. .. Defendant
Prayer : PLAINT UNDER ORDER IV RULE 1 O.S. RULES, HIGH COURT, MADRAS READ WITH ORDER VII RULE 1 OF THE CIVIL PROCEDURE CODE AND SECTION 2(C) (xviii) OF THE COMMERCIAL COURTS ACT, 2015 praying for the following judgment and decree :-
i) by directing the Defendant to pay to the plaintiff a sum of Rs.1,55,21,722/- together with interest at the rate of 18% per annum on Rs.80,96,282/- from the date of plaint till date of realization;
ii) by directing the Defendant to pay to the plaintiff the costs of the suit.
For Plaintiff : Mr. V. Manohar
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C.S.(COMM DIV) No.134 of 2023
JUDGMENT
The learned counsel for the plaintiff has made an endorsement in
the Court bundle stating that in view of the existence of the arbitration clause in the invoices, the present suit is not maintainable and hence, he seeks for rejection of the plaint and permit the plaintiff to initiate arbitration in accordance with the arbitration clause contained in the contract.
2. After recording the endorsement made by the plaintiff on
instructions, the plaint is rejected.
3. Registry is directed to refund the full Court fees to the plaintiff and the plaintiff is also permitted to initiate arbitration in accordance with the arbitration clause contained in the contract(invoices) which is
the subject matter of the dispute.
19.10.2023
Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2
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C.S.(COMM DIV) No.134 of 2023
ABDUL QUDDHOSE, J.
vsi2
C.S. (COMM. DIV.) No.134 of 2023
19.10.2023
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1 issue framed by the court
Whether a plaint in a commercial dispute is maintainable where the plaintiff acknowledges the existence of an arbitration clause and seeks rejection to initiate arbitration.
3 provisions across 3 enactments
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
