M/S.Sri Sreenivasa ... vs Shyamala Kumari
2021 Latest Caselaw 17472 Mad

                                                                             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

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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




                     __________

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

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