Eicher Motors Limited (Unit Royal Enfield) Vs Mrs Kala Thiagarajan — Arbitration | Madras HC (2025)

Eicher Motors Limited (Unit Royal Enfield) Vs Mrs Kala Thiagarajan — Arbitration | Madras HC (2025)

What the court decided

AI extract

Outcome

Application allowed as prayed for: the applicant is permitted to withdraw Rs.23,00,000/- lying to the credit of O.A. No. 218 of 2024, subject to the condition that the applicant withdraws S.T.C. No. 5149 of 2024 pending before the Metropolitan Magistrate Fast Track Court – II, Egmore at Allikulam, Chennai; the Registry is to permit withdrawal on production of proof of such withdrawal; no costs.

Issue for consideration

Whether the applicant (Eicher Motors Limited) may be permitted to withdraw the amount of Rs.23,00,000/- deposited by the respondents to the credit of O.A. No. 218 of 2024 pursuant to the order dated 18.06.2024.

Court's answer

In view of the submissions made by both counsel, the Arbitration Application is allowed as prayed for.

Ratio / Principle

The applicant is permitted to withdraw the amount of Rs.23,00,000/- deposited by the respondents in O.A. No. 218 of 2024 pursuant to this Court's orders dated 18.06.2024.

Key takeaways

The permission to withdraw is subject to the condition that the applicant shall withdraw S.T.C. No. 5149 of 2024 pending before the Metropolitan Magistrate Fast Track Court – II, Egmore at Allikulam, Chennai; there shall be no costs.ratio¶27
The Registry shall permit withdrawal of the amount only upon the applicant producing proof that S.T.C. No. 5149 of 2024 has been withdrawn.ratio¶28

Detailed headnote1 paragraphs

Madras High Court (Abdul Quddhose, J.), 07.07.2025 — Eicher Motors Limited (Unit Royal Enfield), represented by its power agent Y.B. Seetharaman, filed Arbitration Application No. 793 of 2025 in O.A. No. 218 of 2024 under Order XIV Rule 8 of the Original Side Rules read with Section 9(1)(II)(d) of the Arbitration and Conciliation Act, 1996, seeking permission to withdraw Rs.23,00,000/- deposited by respondents 1 to 6 (Kala Thiagarajan, Vinutha Mohan, Subramaniam Mohan, Yamani Chandramouli, T.Chandra Mouli and State Bank of India) to the credit of O.A. No. 218 of 2024 pursuant to this Court's order dated 18.06.2024. Counsel for the respondents stated they had no objection, provided the applicant withdrew the Section 138 proceedings in S.T.C. No. 5149 of 2024 pending before the Metropolitan Magistrate Fast Track Court – II, Egmore at Allikulam, Chennai. On the joint submission of both counsel, the Court allowed the application on that condition, directed the Registry to release the amount on production of proof of withdrawal of the S.T.C., and made no order as to costs. No precedent was considered; the order turns wholly on counsel's instructions.

Arbitration Application No. 793 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2025

CORAM

THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE

Arbitration Application No. 793 of 2025 in O.A. No. 218 of 2024

Eicher Motors Limited (Unit Royal Enfield) Having Office at 296, Rajiv Gandhi Salai Sholinganallur, Chennai-600119 Represented by its Power of Attorney Mr.Y.B.Seetharaman … Applicant

Vs.

1.Kala Thiagarajan 2.Vinutha Mohan 3.Subramaniam Mohan 4.Yamani Chandramouli 5.T.Chandra Mouli

6.State Bank of India No.46/1, Luz Church Road Mylapore, Chennai-600004. …Respondents

PRAYER : Arbitration Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(1)(II)(d) of the Arbitration and Conciliation Act, 1996, praying to permit the applicant to withdraw the

Page 1 of 4

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

Arbitration Application No. 793 of 2025

amount of Rs.23,00,000/- deposited by the respondents in O.A. No. 218 of 2024 order dated 18.06.2024.

For Applicant : Mr.Arun C Mohan For Respondents : Mr.K.Pradeep Mr.S.V.Badriah

O R D E R

The learned counsel for the applicant on instructions would submit

that the applicant is willing to withdraw the Section 138 proceedings

initiated against the respondent to enable the applicant to withdraw the amount of Rs.23,00,000/-, which is now lying to the credit of O.A. No. 218 of 2024 by orders of this court dated 18.06.2024.

2. The learned counsel for the respondents on instructions would submit that the respondents have got no objection for allowing this application, if the applicant withdraws the Section 138 proceedings initiated against the respondents in S.T.C. No. 5149 of 2024 pending on

the file of Metropolitan Magistrate Fast Track Court – II, Egmore at Allikulam, Chennai.

3. In view of the submission made by both the counsels, this application is allowed as prayed for by permitting the applicant to

Page 2 of 4

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

Arbitration Application No. 793 of 2025

withdraw the amount of Rs.23,00,000/- deposited by the respondents in O.A. No. 218 of 2024 pursuant to the orders passed by this Court on 18.06.2024 subject to the condition that the applicant shall withdraw the S.T.C. No. 5149 of 2024, which is pending on the file of the Metropolitan Magistrate Fast Track Court – II, Egmore at Allikulam, Chennai. No costs.

4. Registry shall permit the applicant to withdraw the amount of Rs.23,00,000/- lying to the credit of O.A. No. 218 of 2024 by producing the proof that the applicant has withdrawn S.T.C. No. 5149 of 2024 on the file of Metropolitan Magistrate Fast Track Court – II, Egmore at Allikulam, Chennai.

07.07.2025

Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No Maya

Page 3 of 4

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

Arbitration Application No. 793 of 2025

ABDUL QUDDHOSE, J.

Maya

Arbitration Application No. 793 of 2025 in O.A. No. 218 of 2024

Dated : 07.07.2025

Page 4 of 4

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