Madras High Court
Kuzhandhai Kani vs Hindustan Petroleum Corporation Ltd on 24 November, 2025
Author: N.Anand Venkatesh
Bench: N. Anand Venkatesh
1 A No. 5045 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-11-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
A No. 5045 of 2025
and
A NO. 5046 OF 2025
Kuzhandhai Kani
199/200, Choudary Nagar,
Valasarawakkam,
Chennai-600087
Applicant(s)
Vs
Hindustan Petroleum Corporation Ltd.,
Represented by its Chief Regional
Manager, Chennai Retail Regional
Office, Petro Bhavan, 2nd Floor,
No.82, T.T.K.Road, Alwarpet,
Chennai 600 018.
Respondent(s)
A No. 5046 of 2025
Kuzhandhai Kani
199/200, Choudary Nagar,
Valasarawakkam, Chennai-600087
..Applicant(s)
Vs
Hindustan Petroleum Corporation Ltd.,
Represented by its Chief Regional
Manager, Chennai Retail Regional
Office, Petro Bhavan, 2nd Floor,
No.82, T.T.K.Road, Alwarpet,
Chennai 600 018.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/12/2025 12:15:55 pm )
2 A No. 5045 of 2025
..Respondent(s)
A No. 5045 of 2025
PRAYER
To set aside the order in A.No.3824 of 2025 in O.P.D.No.131228 of 2018
order dated 12/08/2025.
A No. 5046 of 2025
PRAYER
To set aside the order in A.No.3826 of 2025 in O.P.D.No.131228 of 2018
order dated 12/08/2025.
For Applicant(s): Mrs.V.Srimathi
COMMON ORDER
These applications have been filed challenging the common order passed
by the learned Master dated 12.8.2025 in A.Nos.3824 and 3826 of 2025,
dismissing the applications filed to condone the delay of 492 days in
representation of Section 34 application and to condone the delay of 512 days
in paying the deficit court fee.
2.Heard the learned counsel for the applicant.
3.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
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/12/2025 12:15:55 pm )
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 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 case in hand, there is no dispute with regard to the fact that the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/12/2025 12:15:55 pm )
petition was filed with a delay of 512 days for 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.
5.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 12.8.2025, in A.Nos.3824 and 3826 of
2025, is confirmed and these applications are accordingly dismissed. No costs.
24-11-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
KP
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/12/2025 12:15:55 pm )
To
Hindustan Petroleum Corporation Ltd
Represented by its Chief Regional
Manager, Chennai Retail Regional
Office, Petro Bhavan, 2nd Floor,
No.82, T.T.K.Road, Alwarpet,
Chennai 600 018.
N.ANAND VENKATESH J.
kp
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/12/2025 12:15:55 pm )
AND A NO. 5046 OF
24-11-2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/12/2025 12:15:55 pm )
