S.Muthukrishnan vs S.Venkataramanan
2025 Latest Caselaw 8578 Mad

Madras High Court

S.Muthukrishnan vs S.Venkataramanan on 13 November, 2025

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                                         Application No.5520 of 2025

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 13.11.2025

                                                             CORAM

                                  THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH

                                                Application No.5520 of 2025
                                        in Arb.O.P.(Com.Div.) DR,No.17257 of 2025


                     S.Muthukrishnan
                     Partner
                     M/s.S.M.K.Engineering Industries
                     Plot No.C, SIDCO Industrial Estate
                     Gudimallur Post, Walajapet -632 513.                                   .... Petitioner

                                                                  Vs


                     S.Venkataramanan
                     Partner
                     M/s.S.M.K. Engineering Industries
                     No.M75, New TNHB
                     SIPCOT, Ranipet-3
                     Vellore District.                                                   .... Respondent



                     Prayer :       Application (Commercial Division) filed under Order XIV Rule
                     10 read with Order XIV Rule 10(V) of O.S.Rules, praying to permit the
                     petitioner to pay the deficit court fee of Rs.66,052/- in Arb.O.P.(Com.Div)
                     ATN No.20220020032C202400057 on the file of this Court and admit the
                     original petition



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                                                                                              Application No.5520 of 2025



                                        For Petitioner          : Mr.C.D.Sugumar


                                                                  ORDER

This application has been filed to permit the petitioner to pay deficit

Court fee of Rs.66,052/- with a delay of 153 days.

2. Heard Mr.C.D.Sugumar, learned counsel for the applicant and

perused the materials available on record.

3. I had an occasion to deal with the issue of delay in payment of

deficit court fee in Appln. Nos.4872 and 4874 of 2025 in

Arb.O.P.SR.No.95844 of 2023 and Arb.O.P.SR.No.95844 of 2023, passed

on 23.10.2025 and the relevant portion is extracted hereunder :

“29. All the above judgments make it clear that filing of a petition with deficit Court fee cannot be construed as proper presentation of the petition. If such presentation of the petition has to be regularized, the deficit Court fee must be paid within the limitation period prescribed under Section 34(3) of A and C Act. If the same is not done, the Court is divested of its power to condone the delay in the light of mandate prescribed under Section 34(3) of A and C Act. In other words, improper presentation of the petition by paying deficit Court fee, does not arrest the limitation period prescribed under sub-

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section (3) of Section 3 of A and C Act, unless the deficit Court fee is paid within the limitation period prescribed in that provision. If the limitation period is crossed, an application filed thereafter to condone the delay in paying the deficit Court fee cannot even be entertained, since it goes beyond the power of the Court which is circumscribed under Section 34(3) of A and C Act.”

4. In the present case, the period of limitation has already crossed.

Thereafter, the above application filed to condone the delay in paying the

deficit Court fee, cannot be entertained, since it goes beyond the powers of

Court which has been fixed under Section 34(3) of the Arbitration and

Conciliation Act, 1996.

5. In view of the above, this application is dismissed. No costs.

13.11.2025

Index : Yes / No Speaking order / Non-speaking order Neutral Citation: Yes / No ds

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N.ANAND VENKATESH,J.

ds

13.11.2025

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