Talwar Mobiles Private Limited vs Hyundai Motor India Limited
2021 Latest Caselaw 5634 Mad

                                                                           O.S.A.Nos.72 to 74 of 2021

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED:    03.03.2021

                                                         CORAM :

                                   THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                             AND
                               THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                               O.S.A.Nos.72 to 74 of 2021

                     Talwar Mobiles Private Limited
                     Panty Plaza, No.160, Sardar Patel Road
                     Viman Nagar, Begumpet, Hyderabad
                     Telangana – 500 003
                     rep. by its Authorised Signatory                      .. Appellant in
                                                                              all appeals

                                                       Vs.

                     Hyundai Motor India Limited
                     Plot No.H-1, Sipcot Industrial Park
                     Irungattukottai, Sriperumbudur Taluk
                     Kancheepuram - 602 117.                               .. Respondent in
                                                                              all appeals

                     Prayer: Appeals filed under Order XXXVI, Rule 9 of Original Side Rules
                     read with Clause 15 of the Letters Patent against the fair and decretal
                     order dated 23.12.2020 made in A.Nos.1872, 1868 and 1867 of 2020.


                                    For Appellant             : Mr.Omprakash
                                                                Senior Counsel
                                                                for M/s.S.Deepika

                                    For Respondent            : Mr.Kalyan Jhabakh
                                                                For M/s. Surana and Surana

                     __________
                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                        O.S.A.Nos.72 to 74 of 2021

                                                      JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The appeals arise out of a final order passed on petitions under

Section 9 of the Arbitration and Conciliation Act, 1996.

2. The parties have now agreed to go to arbitration with Justice

K.Kannan (Retired) as the Arbitrator.

3. In the light of amended Section 9 of the Act, the parties are

permitted to carry their prayer for interim measures before the

Arbitrator under Section 17 of the Act of 1996. It is made clear that if

any application in such regard is pursued, it will be open to the

Arbitrator to decide the same without being unduly influenced by the

observations in the order impugned herein.

4. It is hoped that the reference is taken up by the Arbitrator

agreed to between the parties as expeditiously as may be convenient

to the Retired Judge. It is also hoped that any request for interim

measures receives the immediate attention of the Arbitrator.

__________

https://www.mhc.tn.gov.in/judis/ O.S.A.Nos.72 to 74 of 2021

O.S.A.Nos.72 to 74 of 2021, along with CMP Nos.2699, 2701 and

2703 of 2021 are disposed of. There will be no order as to costs.

                                                                (S.B., CJ.)          (S.K.R., J.)
                                                                              03.03.2021
                     Index : No

                     sasi



                     Office to Note:

A copy of this order be marked to Hon'ble Mr.Justice K.Kannan (Retd.)

__________

https://www.mhc.tn.gov.in/judis/ O.S.A.Nos.72 to 74 of 2021

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.

(sasi)

O.S.A.Nos.72 to 74 of 2021

03.03.2021

__________

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