A.Bonipas v. Shriram City Union Finance Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.07.2019

CORAM:

THE HON'BLE MR. JUSTICE M.GOVINDARAJ C.R.P.(PD) No. 697 of 2019 & CMP. No.4554 of 2019

1. A. Bonipas

2. V. Ponmozhi .. Petitioners Vs

1. Shriram City Union Finance Ltd., represented by its Authorised Signatory, having its registered Office at No.123, Angappa Naicken Street, Chennai 600 001.

2. T.Anbalagan .. Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India against the order of the learned sole arbitrator at Chennai dated 29.12.2018 in A.No.1 of 2018 in case No.YKR/SCUF/1 of 2018. For Petitioners : Mr. A.K. Rajaraman For Respondents : Mr.K.V. Anantha Krishnan

ORDER

The order passed by the Arbitrator in interim application has been challenged before this Court under Article 227 of Constitution of India. M. GOVINDARAJ.,J.

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2. At the outset, any order passed by the Arbitrator has to be dealt with as per the provisions of Arbitration and Conciliation Act. If it is an appealable order, it should be challenged under section 37, otherwise, it has to be challenged when the award is challenged under Section 34 of the Act.

3. This Court has no superintending power over the private arbitration. Section 5 of the Arbitration and Conciliation Act restricts Court's intervention in the arbitration matter as it runs against object of the Act.

4. Therefore the revision under Article 227 of Constitution of India against the interim order of Arbitrator is not maintainable. Accordingly, Civil Revision Petition is dismissed. No costs. Consequently, the connected CMP. No.4554 of 2019 is closed. 04.07.2019 Speaking Order/Non Speaking Order Index : Yes/No Internet: Yes/No msr C.R.P.(PD) No. 697 of 2019 & CMP. No.4554 of 2019 http://www.judis.nic.in