Madras High Court
Mr.Syed Yousef vs M/S Sundaram Finance Limited on 24 November, 2025
Author: N.Anand Venkatesh
Bench: N. Anand Venkatesh
1 A No. 5047 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-11-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
A No. 5047 of 2025
and
A No. 5048 of 2025
Mr.Syed Yousef, Sole Proprietor
M/s.KGN Industries
No.13, 1st Cross Chikkahulluru,
Hoskote, Bangalore Rural 562 114.
Applicant(s)
Vs
1. M/s Sundaram Finance Limited
Rep By Its Managing Director
No 13/1. Patullos Road
Chennai – 600002.
2.Syed Shahid
S/o.Syed Rahim,
No 317, 4th Cross Street, 1st Main
Road, Dargah Mohalla, Vijinapuram,
Doorvaninagar, Bangalore-560016.
Respondent(s)
A No. 5048 of 2025
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2 A No. 5047 of 2025
1. Mr.Syed Yousef,
Sole Proprietor
M/s.Kgn Industries
No.13, 1st Cross Chikkahulluru,
Hoskote, Bangalore Rural 562 114.
Applicant(s)
Vs
1. M/s Sundaram Finance Limited Rep
By Its Managing Director
No 13/1. Patullos Road
Chennai – 600002.
2.Syed Shahid
S/o.Syed Rahim,
No 317, 4th Cross Street, 1st Main
Road, Dargah Mohalla, Vijinapuram,
Doorvaninagar, Bangalore -560016
Respondent(s)
A No. 5047 of 2025
PRAYER
To condone the delay of 61 days in filing the appeal in A.No.2890 of
2025 in Arb.O.P.(Comm.Div)D.No.40629 of 2023.
A No. 5048 of 2025
PRAYER
To condone the delay of 61 days in filing the appeal in A.No.2891 of
2025 in Arb.O.P.(Comm.Div)D.No.40629 of 2023.
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3 A No. 5047 of 2025
For Applicant(s): Mrs.Sekina Reshma R.K.
For Respondent(s): Mrs.Nagalakshmi
COMMON ORDER
These applications have been filed to condone the delay of 61 days in
filing the appeals in A.No2890 & 2891 of 2025 in
Arb.OP.(Comm.Div)D.No.40629 of 2023.
2.It is seen that the applicant herein has already filed two applications
viz., in A.Nos.2890 & 2891 of 2025, seeking to condone the delay of 723 days
in representation of Section 34 application and to condone the delay of 743 days
in paying the deficit court fee and the same came to be dismissed vide order
dated 01.07.2025 by the learned Master.
3.Heard the learned counsel for the applicant and the learned counsel for
respondents.
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4.In the considered view of this Court, the issue regarding the payment of
deficit Court fee is squarely covered by the earlier order of this Court made in
A.Nos.4872, 4874 of 2025 dated 23.10.2025. 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-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
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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.
5.In the case in hand, there is no dispute with regard to the fact that the
petition was filed with a delay of 743 days in payment of deficit court fee. This
delay cannot be condoned since it goes beyond the limitation period prescribed
under Section 34(3) of the Arbitration and Conciliation Act.
6.In the light of the above discussion, it is not necessary for this Court to
go into the other issue regarding delay in representation. Accordingly, the order
passed by the learned Master dated 01.07.2025 in A.Nos.2890 and 2891 of
2025, is confirmed and these applications are accordingly dismissed. No costs.
24-11-2025
KP
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To
1.M/s Sundaram Finance Limited Rep
By Its Managing Director
No 13/1. Patullos Road
Chennai - 600002
2.Syed Shahid
No 317, 4th Cross Street, 1st Main
Road, Dargah Mohalla, Vijinapuram,
Doorvaninagar, Bangalore-560016.
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N.ANAND VENKATESH J.
kp
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and A.No. 5048 OF 2025
24-11-2025
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