Swayam Poly Plast Private Limited v. Cholamandalam Investment And Finance Co. Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR ARBITRATION APPEAL No.5 of 2025 1.Swayam Poly Plast Private Limited, rep.by its Shivprakash Agarwal.

2.Shivprakash Agarwal ...

Appellants -vsM/s.Cholamandalam Investment and Finance Company Limited, rep.by its Authorised Signatory.

...

Respondent PRAYER :

Appeal against the order, dated 18.12.2024, in Application No.1 of 2024 in ARC/CSEL/BL/3766/2024, passed by sole Arbitrator. For Appellants : Mr.G.Santhosh Kumar For Respondent : Mr.M.Ajmal Azzath

JUDGMENT

(By Dr.G.Jayachandran,J.) After notice to respondent, the matter is taken up for consideration today.

2. While the learned counsel for appellants sought for stay of the interim order passed by the Arbitrator, dated 18.12.2024, learned counsel appearing for the respondent submitted that final award has been passed in the arbitration proceedings on 08.07.2025, as a result of which the interim order got merged with the final award, and hence nothing survives for consideration in this Arbitration Appeal, arising out of the interim order.

3. Learned counsel for the appellants submitted that the award passed by the Arbitrator on 08.07.2025 is an ex parte order and necessary steps have been taken to set aside the said order.

4. Considering the fact that final award has been passed and the interim order under challenge got merged with the final award, dated 08.07.2025, this Court is of the view that the appellants have to agitate their cause by challenging the final award.

5. Arbitration Appeal is dismissed with the above observation. No costs. Consequently, the connected C.M.P.No.2075 of 2025 is also dismissed. (DR.G.J.,J.) (M.S.K.,J.) dixit 06.10.2025 DR.G.JAYACHANDRAN,J.

AND MUMMINENI SUDHEER KUMAR, J.

dixit ARB.APPEAL No.5 of 2025 06.10.2025