M/S.Hatsun Agro Product Ltd vs A.Biju
2024 Latest Caselaw 2152 Mad

Madras High Court

M/S.Hatsun Agro Product Ltd vs A.Biju on 1 February, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                     O.S.A.(CAD) Nos.15 and 16 of 2022


                                   THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 01.02.2024
                                                     CORAM:
                                  THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN
                                                    AND
                                    THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

                                         O.S.A.(CAD).Nos.15 and 16 of 2022
                                                       and
                                          C.M.P.Nos.2192 and 2220 of 2022


                     M/s.Hatsun Agro Product Ltd.,
                     No.5A, Vijayarajava Road, T.Nagar,
                     Chennai – 600 017
                     Having registered Office at
                     No.1/20-A, Rajiv Gandhi Salai (OMR),
                     Karapakkam, Chennai – 600 097
                     And also carrying on it business at
                     Old No.AD-83/New No.AD13,
                     Anna Nagar, Opp. IOB Towers Branch,
                     Chennai – 600 040.
                                                                     ...Appellant in both OSAs


                                                        Vs.

                     A.Biju                                        ...Respondent in both OSAs


                     Prayer: Original Side Appeals (Commercial Appellate Division) filed under
                     Section 13(1) of the Commercial Courts Act, 2015, Order XXXVI Rule 9 of
                     Original Side Rules and Section 37(B) of Arbitration and Conciliation Act,
                     1996 r/w.Section 15 of Letters Patent Act to set aside the order passed in
                     1/4


https://www.mhc.tn.gov.in/judis
                                                                              O.S.A.(CAD) Nos.15 and 16 of 2022


                     Arbitration Application Nos.89 and 88 of 2021 respectively dated
                     20.10.2021 on the file of this Court by allowing these appeals.

                                      For Appellant      : Ms.Reshmi Christy

                                                           for M/s.Royan Law Associates

                                      For Respondent     : No apearance


                                                            ******
                                              COMMON JUDGMENT

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

Challenge in these appeals is to the order of the learned Judge made

in the Applications under Section 9 of the Arbitration and Conciliation Act.

2. Though the applications were filed under Section 9 of the

Arbitration and Conciliation Act, a reading of the order shows that there was

a consent for appointment of a named Arbitrator by the parties before the

learned Judge. The same has been recorded in the following terms by the

learned Judge:

4. Though these petitions have been filed for interim measures, both sides have no objection to appoint Mr.D.Balaraman, Advocate, as a sole Arbitrator to arbitrate the dispute between the parties.

https://www.mhc.tn.gov.in/judis O.S.A.(CAD) Nos.15 and 16 of 2022

3. The learned counsel for the appellant would now contend that such

consent was not given.

4. We do not think that we can entertain such a plea in an appeal.

This Court and the Hon'ble Supreme Court have repeatedly pointed out that

if an order appears from its terms to be a consent order, an appeal shall not

lie and if it is claimed that such consent was not given, it is for the parties to

approach the same Court by way of review.

5. Hence, both the appeals are dismissed with liberty to file a review.

No costs. Consequently, the connected miscellaneous petitions are closed.

                                                                        (R.S.M., J.)     (R.S.V., J.)
                                                                                 01.02.2024
                     dsa
                     Index                    : No
                     Internet                 :Yes
                     Neutral Citation         : No
                     Speaking order

https://www.mhc.tn.gov.in/judis O.S.A.(CAD) Nos.15 and 16 of 2022

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

dsa

O.S.A.(CAD).Nos.15 and 16 of 2022

01.02.2024

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