O.S.A.(CAD) No.63 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.08.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
O.S.A.(CAD) No.63 of 2021
M/s.Sri Sreenivasa Constructions
rep. By its Authorised Signatory,
Dr.Kiran Kumar Reddy,
Regd. Office at Plot No.35, St.No.3, Sugar
Cooperative Housing Society, Road No.2, Banjara Hills,
Hyderabad, and Branch office at Cresent Heights,
Opposite to St.Joseph Engineering College,
Old Mahabalipuram Road,
Chemmencherry, Chennai 600 119 ... Appellant
Vs
1.Shyamala Kumari
2.Mahendra Shanmuganathan
3.Vijaendra Shanmuganathan ... Respondents
Appeal filed against the Order and Decree of this Court dated
01.07.2021 in O.A.No.200 of 2021 on the file of original side of this
court.
For the Appellant : Mr.G.Vivekanand
For the Respondents : Mr.K.V.Babu,
for R-2
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https://www.mhc.tn.gov.in/judis/
O.S.A.(CAD) No.63 of 2021
JUDGMENT
(Delivered by the Hon'ble Chief Justice) The petitioner in proceedings instituted in this court for obtaining interim measures under the Arbitration and Conciliation Act, 1996 is in appeal upon the order sought being declined by a judgment and order of July 1, 2021.
2. At the outset, it is submitted on behalf of the second respondent that it will be evident from the impugned order itself that the parties agreed to the appointment of an Arbitrator. The second respondent suggests that since the Arbitrator has entered upon reference and at least one sitting has already been held, the parties should be left to work out their remedies before the arbitral tribunal itself.
3. Accordingly, O.S.A. (CAD) No.63 of 2021 is disposed of by leaving the appellant free to apply under Section 17 of the Act before the Arbitrator, whereupon the Arbitrator may proceed to consider the same as expeditiously as possible and completely uninfluenced by the __________ Page 2 of 4 https://www.mhc.tn.gov.in/judis/ O.S.A.(CAD) No.63 of 2021 judgment and order impugned herein.
C.M.P.Nos.13293 and 13295 of 2021 are closed. There will be no order as to costs.
(S.B., CJ.) (P.D.A., J.)
25.08.2021
Index : yes/no
sra
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https://www.mhc.tn.gov.in/judis/ O.S.A.(CAD) No.63 of 2021 THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(sra) O.S.A.(CAD) No.63 of 2021 25.08.2021 __________ Page 4 of 4 https://www.mhc.tn.gov.in/judis/