Dismissed

Aditya Birla Fashion and Retail Ltd. v. C.N.Srinivasan

Madras HC14 Dec 2023CRP/4510/2023

Case brief

AI extract

What is this about?

The Madras High Court dismissed a Civil Revision Petition challenging an order referring parties to arbitration under the Arbitration and Conciliation Act. Rejecting objections to the trial court's jurisdiction due to the alleged unregistered status of the lease agreement, the bench held that such stamping objections fall under the arbitral tribunal's authority.

What did the court decide?

The Civil Revision Petition was dismissed as not maintainable; no costs.

Aditya Birla Fashion and Retail Ltd. Vs C.N.Srinivasan — Arbitration | Madras HC (2023)

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C.R.P.No.4510 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.12.2023

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CORAM:

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THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI

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C.R.P.No.4510 of 2023

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M/s. Aditya Birla Fashion and Retail Ltd., formerly known as Pantaloons Fashion and Retail Limited, rep. by its Power of Attorney Mr.Ibrahim V.N.

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... Petitioner

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-Vs-

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C.N.Sriivasan 2. C.N.Raghavendran ... Respondents

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Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 23.06.2020 passed by the V Addl. Judge, City Civil Court, Chennai in I.A.No.2 of 2019 in O.S.No.2523 of 2019.

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For Petitioner : Mr.Anuruth Krishnan

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

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C.R.P.No.4510 of 2023

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ORDER

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Challenging the impugned fair and decreetal order passed in I.A.No.2 of 2019 in O.S.No.2523 of 2019 passed by the learned V Addl. Judge, City Civil Court, Chennai, the Revision Petitioner/plaintiff preferred this Civil Revision Petition.

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Since the relief claimed challenging the order passed by the trial judge, the notice to the respondent is dispensed with.

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Before the trial court, the defendants filed an application under Sec.8 of Arbitration and Conciliation Act to refer the parties to arbitration. On considering the fact that there is an arbitration clause in the lease agreement, the trial judge referred the matter to arbitration. Challenging the said findings, the Revision Petitioner/plaintiff preferred this Civil Revision Petition.

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Records perused. On perusal of entire facts, it reveals that the

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lease agreement executed between the parties is said to be unregistered

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

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C.R.P.No.4510 of 2023

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one. Therefore, the Revision Petitioner is having valid objections. However, as per the ratio laid down by the Apex Court in the authority in Curative Petition (C) No.44 of 2023 dated 13.12.2023, wherein it has held as follows :-

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“ d. Any objections in relation to the stamping of the agreement fall within the ambit of the arbitral tribunal”

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Therefore, if at all, any unregistered document is considered, the same can be decided by the arbitral tribunal. Accordingly, this Civil Revision Petition

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as such is not maintainable and the same is dismissed. No costs.

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14.12.2023

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Index : Yes/No Speaking Order : Yes/No rpp To

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The V Addl. Judge, City Civil Court, Chennai.

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

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C.R.P.No.4510 of 2023

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T.V.THAMILSELVI, J.

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rpp

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C.R.P.No.4510 of 2023

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14.12.2023

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

Aditya Birla Fashion and Retail Ltd. v. C.N.Srinivasan

Case brief

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Aditya Birla Fashion and Retail Ltd. v. C.N.Srinivasan

Case brief

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