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G Khaisar Abrar v. M S Saagar Foundations Pvt. Ltd.

Arbitration and Conciliation Act, 1996 – Sections 9(1)(e) and 9(2); Order XIV Rule 8 of O.S.Rules – Application to reopen O.A.No.406 of 2024

Madras HC22 Jul 2026A/2018/2026

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Case brief

AI extract

What is this about?

Recall and restoration of Section 9 Arbitration and Conciliation Act, 1996 application disposed of without hearing an impleaded party; interim injunction vacated for non-compliance with Section 9(2); Order XIV Rule 8 O.S.Rules r/w Section 9(1)(e); Madras High Court, K. Kumaresh Babu J.; A No. 2018 of 2026 in O.A.No.406 of 2024; O.S.A.No.173 of 2025; impleadment; natural justice; restoration to file.

What did the court decide?

Application allowed: order dated 25.02.2025 recalled and O.A.No.406 of 2024 restored to file; the restored Original Application to be listed for hearing on 04.08.2026. ¶24

G Khaisar Abrar Vs M S Saagar Foundations Pvt. Ltd. — Arbitration | Madras HC (2026)

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A No. 2018 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22-07-2026

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CORAM

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THE HON'BLE MR.JUSTICE K.KUMARESH BABU

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A No. 2018 of 2026 in O.A.No.406 of 2026

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G Khaisar Abrar S/o.G.Rafeeq Ahmed

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I Sadhiya Banu W/o.G.Khaisar Abrar

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..Applicants

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M S Saagar Foundations Pvt Ltd Rep.by its Managing Director R.Krishnamurthy, No.1, Wheat Craft Road Gee Gee Plaza First Floor Nungambakkam Chennai 600 034.

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D Shankar S/o.N.Dhorai Pandiyan

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..Respondents

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Application filed under Order XIV Rule 8 of O.S.Rules read with Section 9(1)(e) of the Arbitration and Conciliation Act, 1996, to Reopen O.A.No.406 of 2024.

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For Applicants : Mr.P.V.Balasubramaniam, Senior Counsel for Mr.Mahes Kumar For Respondents : Mr.J.Pothiraj

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ORDER

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This application has been filed to reopen O.A.No.406 of 2024.

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__________ Page1 of 3

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

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A No. 2018 of 2026

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By an order dated 02.01.2026, the impleading application filed by the applicant herein was ordered, however, the necessary amendments had not been carried out in the main Original Application. Without noting the same, by order dated 25.02.2025, this court vacating the order of interim injunction as the mandatory compliance of Section 9(2) of the Arbitration and Conciliation Act, 1996, had not been complied with, however, gave liberty to the respective parties to agitate their right before the Arbitral Tribunal, disposed the application.

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It is to be noted that the order in impleading application had been challenged by way of an intra-court appeal in O.S.A.No.173 of 2025 and the same had been dismissed, in view of dismissal of O.A.No.406 of 2026 vide order dated 27.06.2025, which is sought to be revoked in the present application.

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Even though the 1^st respondent had vehemently opposed the instant application in view of the facts narrated above, particularly the Original Application being disposed of without hearing the applicant, who had been impleaded as a party respondent, this Court recalls the order dated 25.02.2025 and the Original Application in O.A.No.406 of 2024 shall stands restored.

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List the same for hearing on 04.08.2026.

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22-07-2026

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Index: Yes/No

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__________ Page2 of 3

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

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A No. 2018 of 2026