Dismissed¶20

V Rajendran v. Cholamandalam Investment And Finance Company Limited

Madras HC20 Jan 2025A/2896/2024

Case brief

AI extract

What is this about?

Waiver of precondition rejected once imposing order attains finality; Section 34 Arbitration and Conciliation Act 1996 petition left unnumbered on Registry's maintainability/delay objection; deposit condition Rs.5,00,000 (Five Lakhs); parties: V Rajendran v. Cholamandalam Investment And Finance Company Limited; Madras High Court, Commercial Division arbitration original petition; no waiver of final court-imposed conditions without challenge or review.

What did the court decide?

None to the applicant; the waiver application was dismissed. The Registry was directed to secure the original arbitral records till further steps by the parties. ¶20

V Rajendran Vs Cholamandalam Investment And Finance Company Limited — Arbitration | Madras HC (2025)

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A NO. 2896 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-01-2025 CORAM

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THE HONOURABLE MR JUSTICE P.B. BALAJI

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A NO. 2896 of 2024 in arb.O.P.(Com.Div.)Dr.No.131188 of 2023

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V Rajendran 8/84, Vanniyar street, Avanashi, Tiruppur Tamilnadu

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Applicant(s)

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Cholamandalam Investment And Finance Company Limited (Formerly known as Cholamandalam DBS Finance Ltd.,) Dare House No.2, N.S.C Bose Road, Parrys, Chennai-600 001. branch office at D.No.16-1, 2nd Floor, S and S Arcade, Axis Bank Upstairs, Uthukuli Main Road, Tirupur-641 607.

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Respondent(s)

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For Applicant(s):

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M/s.R.N.Amarnath C.Thirumaran A.Maheshnath B.Arun Kumar P.Rubin 9381028070

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For Respondent(s):

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Mr.D.Pradeep Kumar for respondent vakalat d.no.35327/2024 9884863343

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

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ORDER

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This application has been filed seeking to waive the condition imposed by an order dated 31.01.2024 and consequently direct the Registry to number Arb.O.P.(Com.Div.)Dr.No.131196 of 2023.

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Heard the learned counsel for the parties. It is seen that Arbitration

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Original Petition is yet to be numbered and the Registry has raised the issue on maintainability on the ground of delay.

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When the matters were listed before this Court for maintainability, this Court by order dated 31.01.2024 directed the petitioner to deposit a sum of Rs.5,00,000/-(Rupees Five Lakhs only) as a precondition to number the application filed under Section 34 of the Arbitration and Conciliation Act, 1996. The said order has become final and has not been challenged by the petitioner before the Division Bench. No application has also been filed for reviewing the order. Now, it is not open to the petitioner to seek waiver of the condition imposed by an order dated 31.01.2024, which was passed almost one year back.

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

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Therefore, there is no merit in the application. The application is

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dismissed.

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Registry is directed to secure the original arbtiral records till further

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steps that may be taken by the parties.

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20-01-2025

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Cholamandalam Investment And Finance Company Limited (Formerly known as Cholamandalam DBS Finance Ltd.,) Dare House No.2, N.S.C Bose Road, Parrys, Chennai-600001.

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branch office at

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D.No.16-1, 2nd Floor, S and S Arcade, Axis Bank Upstairs, Uthukuli Main Road, Tirupur-641 607.

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

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P.B.BALAJI,J.,

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A NO. 2896 of 2024 in arb.O.P.(Com.Div.)Dr.No.131188 of 2023

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