The Board Of Trustees Of vs Psa Sical Terminals Limited
2021 Latest Caselaw 19604 Mad

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                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 23.09.2021

                                                          CORAM

                             THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
                                                and
                               THE HONOURABLE MRS.JUSTICE J.NISHA BANU

                               C.M.A.(MD).Nos.1131 of 2012 and 856 of 2014
                                                       and
                                       C.M.P.(MD).Nos.2 and 3 of 2014
                The Board of Trustees of
                V.O.Chidambaranar Port Trust,
                represented by its Chairman,
                Tuticorin.
                                                  ... Appellant in C.M.A.(MD).No.1131 of 2012
                                               Vs.
                PSA SICAL TERMINALS LIMITED
                through its Managing Director,
                Mr.Srinivasan,
                S/o.Muthiah,
                South India House,
                36-40, Armenian Street,
                Chennai 600 001.              ... Respondent in C.M.A.(MD).No.1131 of 2012


                Prayer:-           Civil Miscellaneous Appeal is filed under Section 37 of the
                Arbitration and Conciliation Act, 1996, against the order dated 30.04.2012
                made in Arbitration O.P.No.191 of 2011, on the file of the Principal District
                Judge, Thoothukudi.


                                          For Appellant    : Mr.Yasod Varadhan, Sr. Counsel
                                                            for Mr.S.Yaswanth
                                          For Respondent : Mr.T.Selvakumaran
https://www.mhc.tn.gov.in/judis/
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                PSA SICAL TERMINALS LIMITED,
                South India House,
                36-40, Armenian Street,
                Chennai 600 001.
                                         ... Appellant in C.M.A.(MD).No.856 of 2014

                                                 Vs.
                The Board of Trustees of
                V.O.Chidambaranar Port Trust
                represented by its Chairman,
                Tuticorin.

                                                 ... Respondent in C.M.A.(MD).No.856 of 2014

                Prayer:- Civil Miscellaneous Appeal is filed under Section 37 (1) (a) of the
                Arbitration and Conciliation Act, 1996, against the order dated 18.07.2014
                made in Unregistered Ar.O.P.S.R.No.2718 of 2014, on the file of Principal
                District Judge, Thoothukudi.



                                       For Appellant   : Mr.T.Selvakumaran
                                       For Respondent : Mr.Yasod Varadhan, Sr. Counsel
                                                        for Mr.S.Yaswanth


                                        COMMON JUDGMENT

                     (Judgment of the Court was delivered by V.BHARATHIDASAN,J.)



                          These Civil Miscellaneous Appeals have been filed against the orders

                passed under Section 9 of the Arbitration and Conciliation Act, 1996.
https://www.mhc.tn.gov.in/judis/
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                          2. When these matters are taken up for hearing today, the learned Senior

                counsel appearing for the appellant would submit that pending appeals, the

                Arbitrator has passed an award and that award has been set aside by the

                Division Bench of this Court, which was also confirmed by the Hon'ble Apex

                Court in C.A.No.3699 of 2018. He would further submit that since the award

                itself has been set aside by the Division Bench of this Court, nothing survives

                for adjudication in these appeals.



                          3. Recording the above said submissions, both the Civil Miscellaneous

                Appeals are dismissed as infructuous. No costs. Consequently, the connected

                Miscellaneous Petitions are closed.



                                                                    [V.B.D.J.,] & [J.N.B.J.,]
                                                                          23.09.2021
                Index: Yes/No
                Internet: Yes/No

                akv

                To

                The Principal District Judge,
                Thoothukudi.




https://www.mhc.tn.gov.in/judis/
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                                                      V.BHARATHIDASAN,J.

AND J.NISHA BANU,J.

akv

C.M.A.(MD).Nos.1131 of 2012 and 856 of 2014

23.09.2021

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