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Madras High CourtArb O.P(COM.DIV.)/582/2023dismissed

Thomaskutty v. Kotak Mahindra Bank Ltd.

2024-01-10Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN Arb.O.P.(Com.Div.) No.582 of 2023 and A.No.6689 of 2023 1.Thomaskutty 2.Swapna Thomas ... Petitioners Vs.

M/s.Kotak Mahindra Bank Limited, Represented by its Authorised Signatory, 5th Floor, Samson Towers, 402 L, Pantheon Road, Egmore, Chennai - 600 008.

... Respondent Prayer: Original Petition is filed under Section 34(2) (a) (iii) of the Arbitration and Conciliation Act, 1996, praying to set aside the Arbitral Award dated 21.07.2021 bearing Case No.KB B EZ 318/2020 passed by the Sole Arbitrator in its entirety and to direct the respondent to pay the cost. For Petitioners : No appearance 1/3

ORDER

There is no representation on behalf of the petitioners.

2. The challenge appears to be an ex parte Award passed by the learned Arbitrator on 21.07.2021 after notice was served on the petitioners. Prima facie, I do not find any ground for admitting this Original Petition.

3. On the previous occasion also, the learned counsel for the petitioners had submitted that he had no instructions from the petitioners.

4. Considering the same, this Original Petition is dismissed for non-prosecution for statistical purpose. Connected Application is closed. 10.01.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb 2/3

C.SARAVANAN, J.

arb Arb.O.P.(Com.Div.)No.582 of 2023 and A.No.6689 of 2023 10.01.2024 3/3