The High Court dismissed the civil miscellaneous appeal under Section 37(2) of the Arbitration and Conciliation Act, 1996, as a Section 34 appeal was already pending. The impugned award was confirmed, and the connected petition was closed.
Appeal dismissed, impugned order confirmed, connected miscellaneous petition closed.
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.M.A.No.2103 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.2103 of 2021 And
C.M.P.No.11944 of 2021
1.V.G.Santhosam
2.V.G.P.Ravidas
3.V.G.P.Rajadas
4.V.G.P.Babudas ... Appellants
Vs.
1.V.G.S.Vinodh Raj 2.V.G.Selvaraj 3.V.G.P.Prasad Dass 4.V.G.P.Murphy Dass 5.V.G.S.Rajesh
... Respondents
Prayer:
Civil Miscellaneous Appeal filed under Section 37(2) of the Arbitration and Conciliation Act, 1996, to set aside the order dated 07.07.2021 made by the learned Arbitral Tribunal in Claim 1 to 7 of 2019.
For Appellants : M/s.N.Madhusruthi For Respondents : Mrs.Elizabeth Seshadri for R1 to R4 for M/s.Iyer & Thomas
J U D G M E N T
This appeal has been filed against the order dated 07.07.2021
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C.M.A.No.2103 of 2021
made by the Arbitral Tribunal in Claim 1 to 7 of 2019.
2.The impugned order was passed by the learned Arbitrator subsequent to the preliminary award passed on 18.03.2021.
3.The learned counsel appearing for the appellant fairly submitted that as against the award passed by the learned Arbitrator, appeal under Section 34 of the Arbitration and Conciliation Act has been preferred before this Court.
4.In view of the above, no further adjudication is necessary in this appeal. The civil miscellaneous appeal is dismissed. The order dated 07.07.2021 made by the Arbitral Tribunal in Claim 1 to 7 of 2019 is confirmed. No costs. Consequently, the connected miscellaneous petition is closed.
03.12.2024
pri
Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No
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C.M.A.No.2103 of 2021
M.DHANDAPANI,J. pri
C.M.A.No.2103 of 2021 And C.M.P.No.11944 of 2021
03.12.2024
3/3
1 issue framed by the court
whether the civil miscellaneous appeal needs adjudication when a Section 34 appeal is already pending.
1.V.G.Santhosam 2.V.G.P.Ravidas 3.V.G.P.Rajadas 4.V.G.P.Babudas
1.V.G.S.Vinodh Raj 2.V.G.Selvaraj 3.V.G.P.Prasad Dass 4.V.G.P.Murphy Dass 5.V.G.S.Rajesh
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
