Disposed

K.Gurunathan v. M/S.Shriram City Union Finance Ltd.

Madras HC15 Nov 2023CRP(MD)/2999/2023

Case brief

AI extract

What is this about?

The Madurai Bench disposed of a writ petition challenging the return of a Section 34 arbitration petition. The Court upheld the lower court's order of return due to procedural defects and directed the petitioner to rectify them before the Principal District Court is to admit the petition.

What did the court decide?

Directing the Principal District Court to take the petition on file after the petitioner rectifies procedural defects.

K.Gurunathan Vs M/S.Shriram City Union Finance Ltd. — Arbitration | Madras HC (2023)

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C.R.P.(MD)No.2999 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 15.11.2023

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.R.P.(MD)No.2999 of 2023

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K.Gurunathan ... Petitioner

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Vs.

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M/s.Shriram City Union Finance Ltd., represented by its Authorized representative Madurai.

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P.Natarajan ... Respondents

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Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to take the Ar.O.P.No.3105 of 2023 in Arb.Case.No. 33 of 2013 on the file of the learned Principal District Court, Madurai dated 18.08.2023, by allowing this civil revision petition.

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For Petitioner : Mr.A.Rajaram

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ORDER

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The Civil Revision Petition is directed against the order of return of

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the arbitration original petition filed under Section 34 of the Arbitration and Conciliation Act.

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

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C.R.P.(MD)No.2999 of 2023

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It is seen from the records that the arbitration award came to be

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passed on 24.04.2015 in A.C.P.No.33 of 2013, that the revision petitioner

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has preferred a petition under Section 34 of the Arbitration and Conciliation Act before the Principal District Court, Madurai and that the same was returned raising query as to why the other respondents 1, 2 and 4 in the arbitration proceedings were not added in the present petition, that the petition has to be filed in the prescribed format and that the petitioner's signature does not find place.

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The revision petitioner, without representing the petition by

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rectifying the defects pointed out by the Principal District Judge, has approached this Court directly seeking direction to the Principal District Court to take the petition on file.

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Considering the above facts and circumstances, the impugned order of return cannot be found fault with. However, the revision petitioner is directed to represent the petition after rectifying the defects pointed out and on such representation, the learned Principal District Judge, Madurai is directed to take the petition on file, if it is otherwise in order and to proceed in accordance with law.

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C.R.P.(MD)No.2999 of 2023

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With the above direction, this Civil Revision Petition is disposed

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of. No costs.

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15.11.2023

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NCC :yes/No Index :yes/No Internet:yes/No csm

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Note : Registry is directed to return the original papers to the revision petitioner, after getting necessary acknowledgments.

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The Principal District Court, Madurai.

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2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P.(MD)No.2999 of 2023

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K.MURALI SHANKAR,J.

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csm

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Order made in C.R.P.(MD)No.2999 of 2023

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Dated : 15.11.2023

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K.Gurunathan v. M/S.Shriram City Union Finance Ltd.

Case brief

What is this about?

What did the court decide?

K.Gurunathan v. M/S.Shriram City Union Finance Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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