Vasantharaj R vs V.Vasidaran
2021 Latest Caselaw 19769 Mad

                                                                               C.M.A.Nos.1548 of 2021 etc.,

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 27.09.2021

                                                          CORAM:

                               THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                             C.M.A.Nos.1548, 1549 & 1557 of 2021
                                           and C.M.P.Nos.8099, 8103 & 8121 of 2021

                  Vasantharaj R.                                   .. Appellant in all the CMAs

                                                             Vs.

                  1. V.Vasidaran

                  2. M/s.Hinduja Leyland Finance Limited,
                     Rep. by its Authorised Signatory,
                     Having Corporate Office at No.27A,
                     Developed Industrial Estate,
                     Guindy, Chennai - 600 032.                    .. Respondents in all the CMAs

                  Prayer in all the CMAs: Civil Miscellaneous Appeals have been filed

                  under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 to set

                  aside the order dated 30.03.2021 made in Interim Application Nos.1,1 & 1 of

                  2020             in     A.C.P.Nos.MG/HLF/194/2020,      MG/HFL/192/2020               &

                  MG/HFL/190/2020 respectively on the file of the Solve Arbitrator Meera

                  Gnanasekar, Chennai.

                                        For Appellant        : No appearance
                                        in all the CMAs
                                                           -----

https://www.mhc.tn.gov.in/judis/
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                                                                              C.M.A.Nos.1548 of 2021 etc.,

                                            COMMON JUDGMENT
                                   (The case has been heard through video conference)


                            There is no representation on the side of the appellant and the

                  appellant has also not taken steps to serve notice on the respondents till date.

                  The appeal has been filed challenging the interim order passed by the

                  Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act,

                  1996 wherein, the Arbitral Tribunal has appointed the authorised

                  representative of the respondent as Receiver to seize and sell the vehicle

                  which was purchased by the appellant through a loan availed from the

                  second respondent finance company.



                            2. The very purpose of arbitration is for early disposal of the disputes

                  between the parties. Since steps have not been taken to serve notice on the

                  respondents by the appellant till date, it can be inferred that he is not

                  interested in prosecuting these appeals.        Accordingly, these appeals are

                  dismissed for non-prosecution. Consequently, the connected miscellaneous

                  petitions are closed. No costs.

                                                                                          27.09.2021
                  Index : Yes / No
                  kk


https://www.mhc.tn.gov.in/judis/
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                                                            C.M.A.Nos.1548 of 2021 etc.,

                  To

                  1. Ms.Meera Gnanasekar,
                     Sole Arbitrator,
                     Old No.158, New No.325, First Floor,
                     Lingi Chetty Street, George Town,
                     Chennai - 600 001.

                  2. The Section Officer,
                     VR Section, High Court, Madras.




https://www.mhc.tn.gov.in/judis/
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                                                       C.M.A.Nos.1548 of 2021 etc.,

                                                  ABDUL QUDDHOSE, J.

kk

C.M.A.Nos.1548, 1549 & 1557 of 2021 and C.M.P.Nos.8099, 8103 & 8121 of 2021

27.09.2021

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