M/S. Dsc Motor Pvt Ltd vs M/S. Sundaram Finance Ltd
2021 Latest Caselaw 18245 Mad

                                                                      CMA Nos.802, 803, 804,805, 806,
                                                                      809, 810, 811, 813 and 816 of 2019

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 06.09.2021

                                                     CORAM:

                              THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                    CMA Nos.802, 803, 804, 805, 806, 809,
                                          810, 811, 813, 816 of 2019
                                                     and
                                  CMP Nos.2293, 2301, 2306, 2307, 2315, 2316,
                                       2318, 2321, 2326, 2334 of 2019


                      In CMA No.802 of 2019

                      1. M/s. DSC Motor Pvt Ltd
                      2. D. Selvakumar
                      3. S. Nithyakalyani                                       ...Appellants

                                                     versus

                      M/s. Sundaram Finance Ltd
                      No.21, Pattullas Road,
                      Chennai – 600 002.                                        ... Respondent


                      Prayer in CMA No.802 of 2019:           Civil Miscellaneous Appeal filed
                      under Section 37 (2) (b) of the Arbitration and Conciliation Act, 1996 to
                      set aside the Order dated 17.10.2018 made in I.A. No.134/2018 in
                      Arbitration Case No.SSP/SF/239/2018 on the file of the Arbitral Tribunal
                      consisting of Sole Arbitrator, Dr. S.S.P. Darwesh, Chennai.

                      For Appellants in all CMAs  : Mr.D. Bhaskaran
                      For Respondents in all CMAs : Served - No appearance



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                                                                        CMA Nos.802, 803, 804,805, 806,
                                                                        809, 810, 811, 813 and 816 of 2019



                                               COMMON JUDGMENT
                                               (Heard video conference)



                            There is no representation on the side of the Appellants.



                            2. The learned counsel for the respondent is present. He would

                      submit that subsequent to the passing of the impugned orders dated

                      17.10.2018 under Section 17 of the Arbitration and Conciliation Act, an

                      Arbitral Award has been passed        on 25.02.2019        in favour of the

                      respondent which has not been challenged, till date.             The same is

                      recorded.

                            3. All these appeals have been filed challenging the separate orders

                      filed under Section 17 of the Arbitration and Conciliation Act, wherein the

                      property of the appellants were directed to be attached by the Arbitral

                      Tribunal.   Since the Arbitral Award has been passed in favour of the

                      respondent against the appellants on 25.02.2019, the challenge to the

                      impugned orders which have been passed under Section 17 of the

                      Arbitration and Conciliation Act, during the pendency of the Arbitration

                      have now become infructuous.         Accordingly, all these appeals are


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                                                                       CMA Nos.802, 803, 804,805, 806,
                                                                       809, 810, 811, 813 and 816 of 2019

                      dismissed as infructuous, in view of the fact that under the said Arbitral

                      Awards, the appellants have been directed to pay a sum in excess of

                      Rupees five crores.


                            4. For the foregoing reasons, these Civil Miscellaneous Appeals are

                      dismissed as infructuous.        No costs.     Consequently, connected

                      miscellaneous petitions are closed.



                                                                                 06.09.2021

                      Index: Yes/No
                      Internet: Yes/No
                      Speaking Order/Non-Speaking Order
                      vsi2




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                                 CMA Nos.802, 803, 804,805, 806,
                                 809, 810, 811, 813 and 816 of 2019




                               ABDUL QUDDHOSE, J.

vsi2

CMA Nos.802, 803, 804,805, 806, 809, 810, 811, 813 and 816 of 2019

06.09.2021

http://www.judis.nic.in