V.Selvan v. R.Kumudham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.SESHASAYEE C.M.A.No.11 of 2018 V.Selvan ...Appellant Vs.

1.R.Kumudham 2.M/s.Chevvanthi Lodge, Rep. by its Partner, K.Ramasamy, D.No.3, Mettur Road, Erode - 638 001.

3.K.Ramasamy 4.S.Vasanthamani 5.R.Sampathkumar 6.K.Vadivels 7.V.Saravanan 8.V.Aravindhan ...Respondents Prayer:

Appeal filed under Section 37(1)(a) of Arbitration and Conciliation Act, 1996 against the fair and final order dt.04.11.2017 made in I.A.No.4 of 2017 in O.S.No.342 of 2016 on the file of II Additional Sub-Court, Erode.

For Appellant : Mr.V.P.Sengottuvel For Respondent-1 : Mr.D.Gopal RR2 to 8 : Given up

J U D G M E N T

This Civil Miscellaneous Appeal is preferred against the order dismissing the Application filed by the appellant under Section 8 of the Arbitration and Conciliation Act, 1996.

2. The first respondent herein is the sister of the appellant, and she has filed a suit concerning the affairs of a https://hcservices.ecourts.gov.in/hcservices/

Partnership Firm, of which, both the appellant and the respondent are partners. Since the partnership deed provided for arbitration of any disputes arising between the parties, the appellant herein has moved an application under Section 8 of Arbitration and Conciliation Act for referring the matter to arbitration. This application was dismissed on the ground that the appellant had produced only a photostat copy of the partnership deed.

3. Today, before this Court, both the parties have agreed for resolving their dispute through arbitration, and they have also consensually agreed upon a named arbitrator, Mr.S.Raja, (Retired District Judge) as the sole arbitrator.

4. In view of the above development, this Court allows this Appeal setting aside the order of the Trial Court passed in I.A.No.4 of 2016 in O.S.No.342 of 2016 and refer the matter to arbitration. In view of the fact that the dispute has been referred to arbitration, the suit itself has to be taken off the file, and the Sub Judge concerned shall do the same as per procedure. The arbitrator is required to conclude the arbitral proceedings as expeditiously as possible, at any rate, not beyond the date statutorily fixed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tsg To The II Additional Sub-Court, Erode.

+1cc to Mr.V..P.Sengottuvel, Advocate, S.R.No.68698 +1cc to Mr.D.Gopal, Advocate, S.R.No.68802 C.M.A.No.11 of 2018 rrs 08/10/2018 https://hcservices.ecourts.gov.in/hcservices/