Swayam Poly Plast Private Limited v. Cholamandalam Investment and Finance Co. Ltd.

Madras HC6 Oct 2025Arb Appeal/5/2025

Case brief

AI extract

What is this about?

Madras High Court arbitration appeal dismissed on ground of merger of interim arbitral order with final award dated 08.07.2025; appellants (Swayam Poly Plast Pvt Ltd; Shivprakash Agarwal) advised to challenge the final award; interim order dated 18.12.2024 in Application No.1 of 2024 in ARC/CSEL/BL/3766/2024; award alleged ex parte with steps taken to set aside; connected C.M.P.No.2075 of 2025 also dismissed; decided 06.10.2025 by Dr.G.Jayachandran and Mummineni Sudheer Kumar, JJ.

What did the court decide?

The Court considered that the final award has been passed and the interim order under challenge got merged with the final award dated 08.07.2025. ¶25

Swayam Poly Plast Private Limited Vs Cholamandalam Investment and Finance Co. Ltd. — Madras HC (2025) — LawSathi Research

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Arb.Appeal No.5 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.10.2025

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CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

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AND

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THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

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ARBITRATION APPEAL No.5 of 2025

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1.Swayam Poly Plast Private Limited, rep.by its Shivprakash Agarwal.

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2.Shivprakash Agarwal

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... Appellants

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-vs-

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M/s.Cholamandalam Investment and Finance Company Limited, rep.by its Authorised Signatory. ... Respondent

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PRAYER : Appeal against the order, dated 18.12.2024, in Application No.1 of 2024 in ARC/CSEL/BL/3766/2024, passed by sole Arbitrator.

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For Appellants : Mr.G.Santhosh Kumar

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For Respondent : Mr.M.Ajmal Azzath

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Page 1 of 4

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

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JUDGMENT

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Arb.Appeal No.5 of 2025

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(By Dr.G.Jayachandran,J.)

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After notice to respondent, the matter is taken up for consideration today.

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While the learned counsel for appellants sought for stay of the interim order passed by the Arbitrator, dated 18.12.2024, learned counsel appearing for the respondent submitted that final award has been passed in the arbitration proceedings on 08.07.2025, as a result of which the interim order got merged with the final award, and hence nothing survives for consideration in this Arbitration Appeal, arising out of the interim order.

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Learned counsel for the appellants submitted that the award passed by the Arbitrator on 08.07.2025 is an ex parte order and necessary steps have been taken to set aside the said order.

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Considering the fact that final award has been passed and the interim order under challenge got merged with the final award, dated 08.07.2025, this Court is of the view that the appellants have to agitate their cause by challenging the final award.

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Page 2 of 4

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

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Arb.Appeal No.5 of 2025

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