M/S.Security Paper Mill v. M/S.Amoog Chemicals

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA CRP.(PD).No.587 of 2025 and CMP.No.3324 of 2025 M/s. Security Paper Mill, Through its Authorized Signatory Mr.J. Sriharsha, Deputy Manager (Legal) Narmadapuram Madhya Pradesh -461005.

... Petitioner Vs.

1.M/s. Amoog Chemicals, Through its Managing PartnershipM. Muthusubbarayan, Sivasakthi Nagar, Thaneerpandal, Peelamedu, Coimbatore - 641004 ... Respondent Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 21.01.2025, passed by the Commercial Court (District Judge Cadre), Coimbatore in IA.No.6/2024 in Arb.OP.No.1 of 2024.

For Petitioner : M/s.J.Adithya Pandey 1/6

O R D E R

The above Civil Revision Petition is filed to set aside the order dated 21.01.2025, passed by the Commercial Court (District Judge Cadre), Coimbatore in IA.No.6/2024 in Arb.OP.No.1 of 2024.

2. I.A.No.6 of 2024 has been filed to summon or call for the entire video recordings of the proceedings in the matter MSEFC/CBER/155/2022.

3. Heard the learned counsel for the petitioner and perused the records.

4. Pursuant to the direction of this Court, the learned Government Advocate has produced the minutes of the Conciliation and Arbitration proceedings as also a report filed by the Secretary, MSEFC Coimbatore. The Report clearly states that the proceedings were conducted through Video Conferencing Mode and the same were not recorded.

5. Therefore, the request of the petitioner in I.A.No.6 of 2024 cannot be granted and the order passed by the Commercial Court 2/6

(District Judge Cadre), Coimbatore in IA.No.6/2024 is confirmed.

6. However, the learned counsel appearing for the petitioner would submit that as per the minutes of the arbitration proceedings which is now been produced it is seen that the minutes of the meeting in which the arbitration award was passed has been signed by the following persons:- (i) Thiru V.A. Rejendran, Regional Manager TIIC Ltd., Coimbatore, (ii) Thiru K.Annamalai, Hon. Secretary, Indian Chamber of Commerce, Coimbatore, Council Member, (iii) Thiru S.Surulivel, Vice President, TANSTIA, Coimbatore Region, Coimbatore, Counsel Member and ;

(iv) Tmt. P. Kousalya Devi, Lead District Manager, Coimbatore, District, Counsel Member.

7. However, in the proceedings of the MSEFC dated 24.07.2023, which was furnished to the petitioner, the following persons were present :- i) Tmt.S.Baby, Regional Manager TIIC Ltd., Coimbatore, Council Member, ii) Thiru K.Annamalai, Secretary, Indian Chamber of 3/6

Commerce, Coimbatore, Council Member, iii) Thiru S.Surulivel, Vice President, TANSTIA, Coimbatore Region, Coimbatore, Counsel Member and ;

iv) Thiru T.M. Rajkumar, Lead District Manager, Coimbatore District, Council Member.

8. He would therefore submit that in the proceedings of the MSEFC dated 24.07.2023 which were furnished to the petitioner indicate that two persons have been substituted. These are all points that can be raised in the proceedings to set aside the award that would be filed under Section 34 of the Act. It is not an issue that can be raised in a Revision under Article 227 of the Constitution of India.

7. Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 18.02.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 4/6

1.The Commercial Court (District Judge Cadre), Coimbatore P.T. ASHA . J., 5/6

(shr) CRP.(PD).No.587 of 2025 and CMP.No.3324 of 2025 18.02.2025 6/6