Green Tech Star v. Tvs Credit Services Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ C.M.P.No.2997 of 2025 in Green Tech Star Rep by its Prop. Mrs. D. Bhavitha, S/D/W/o. V. Satish, 2nd Floor, C-51, 18th main, No.359, 4th Phase, 7th Block, Gururaja Layout, Bengalurur Urban, Karnataka 560085 Appellant(s) Vs TVS Credit Services Ltd., Rep by its managing Director, Having their office at Chaitanya, No.12, Khader Nawas Khan Road, Nungambakkam, Chennai 6. also at No.29, Jayalakshmi Estates, Third Floor, Haddows Road, Nungambakkam, Chennai 6 and 2 Others Respondent(s) For Appellant(s):

Mr.S.Rajesh Kumar for M/s.Nathan and Associates For Respondent(s):

Mr.M.Arunachalam for R1 R2 & R3 - No appearance

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Mr.Arunachalam opposes the application for condoning the delay of 92 days in filing the appeal and is filing an affidavit in reply. Registry to take the same on record for completion of records.

2. Shri Rajesh Kumar states that he was served a copy only today. Shri. Arunachalam states that applicant has filed an application under Section 16 of the Arbitration and Conciliation Act, 1996 before the learned Arbitrator and in that also, has prayed for vacating the stay granted.

3. There is an affidavit of service filed through one Rajesh Kumar, affirmed on 20.03.2025, in which it is stated that respondents 2 and 3 have been served on 10.03.2025 and 11.03.2025 respectively. Both have not entered appearance though served.

4. Having considered the affidavit in support of the application,

particularly in view of the fact that it is not denied that a counter was filed by applicant though it reached the Arbitrator late, we are inclined to condone the delay.

5. Delay is condoned. The application is disposed of.

6. Appeal be listed for admission on 07.04.2025. (K.R.SHRIRAM, CJ) (MOHAMMED SHAFFIQ,J.) 24.03.2025 kpl