P.Saravanakumar vs M/S.Shriram City Union Finance ...
2021 Latest Caselaw 25059 Mad

                                                                         C.M.A.(MD)SR.No.45522 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 20.12.2021

                                                     CORAM :

                                  THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                        C.M.A.(MD)SR.No.45522 of 2021

                  P.Saravanakumar                         ... Appellant/5th Respondent

                                                        Vs.


                  1.M/s.Shriram City Union Finance Ltd.,
                    No.5-M, 2nd Floor,
                    Ramachandrapuram,
                    11th Cross, Tennur,
                    Trichy District.                 ...1st Respondent/Claimant

                  2.E.Annasamy

                  3.K.Soman

                  4.Uma Easwari

                  5.T.Danabal

                  6.P.Rajendran                          ...Respondents 2 to 6/Respondents
                                                                     1 to 4 & 6th Respondents

                  PRAYER: Civil Miscellaneous Appeal filed under Section 37 of the
                  Arbitration and Conciliation Act, 1996, to set aside the award passed by the
                  Arbitrator in the Arbitration Proceedings in A.C.P.TF.No.26 of 2011 on the
                  file of the Arbitrator, Trichy, dated 29.02.2020.



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https://www.mhc.tn.gov.in/judis
                                                                          C.M.A.(MD)SR.No.45522 of 2021




                                  For Appellant     : Mr.G.Gomathi Sankar


                                                  JUDGMENT

The appellant has filed this Civil Miscellaneous Appeal to set aside

the award passed by the Arbitrator in the Arbitration Proceedings in

A.C.P.TF.No.26 of 2011 on the file of the Arbitrator, Trichy, dated

29.02.2020.

2. At the time of filing of the Civil Miscellaneous Appeal itself, the

Registry has raised a doubt about the maintainability of the appeal. Hence,

the matter is posted before this court today under the caption “For

maintainability”.

3.Heard the learned counsel appearing for the appellant and also

perused the entire records carefully.

4.The said A.C.P.TF.No.26 of 2011 was filed by the first

respondent/claimant under Section 31 of Arbitration and Conciliation Act

1996, for securing the loan liability from the appellant, who is the borrower

https://www.mhc.tn.gov.in/judis C.M.A.(MD)SR.No.45522 of 2021

and the respondents 2 to 6, who are co-borrowers, which was allowed on

29.02.2020. The appellant has straight away come to this Court by way of

this Civil Miscellaneous Appeal, instead of filing an appeal before the

Appellate Court.

5.Hence, this Court is of the view that, the appeal is not maintainable and the same is rejected at SR stage itself. No costs.

6.The Registry is directed to return the original papers to the learned

counsel for the appellant by retaining a copy of the same, after getting due

endorsement.

20.12.2021

Index :Yes/No Internet:Yes/No vsd

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To

The Sole Arbitrator, Trichy.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)SR.No.45522 of 2021

S.ANANTHI, J.

vsd

C.M.A.(MD)SR.No.45522 of 2021

20.12.2021

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