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Madras High CourtCMA/704/2020dismissed as infructuous

S.Vasudevan v. G.N.Pandian

2023-11-28Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and C.M.P.Nos.4235 & 4237 of 2020 and 16864 of 2021

1. S.Vasudevan

2. M/s.Ozone Projects Private Ltd., No.63, G.N.Chetty Road, T.Nagar, Chennai - 600 017. ... Appellants/Respondents/Respondents Vs.

1. G.N.Pandian

...Respondent/Applicant/Claimant

2. HDFC Bank Limited, HDFC House, No.51, Kasturba Road, Bangalore - 560 001, Rep. by its Manager.

3. HDFC Bank Limited, Corporate and Head Office, HDFC House Senapati, Bapat Marg, Lower Parel, Mumbai - 400 001.

Represented by its Executive Director ...Third party Prayer: Civil Miscellaneous Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 to set aside the interim order dated 09.02.2020 passed in I.A.No. Of 2020 in Arbitration No.5 of 2018 by Sole Arbitrator at Chennai, in so far as it has granted interim injunction restraining the appellants from executing any further sale deeds in respect 1/4

of Project "Metro Zone".

For Appellant : Mr.Sachin Mohan for M/s.Tatva Legal Chennai For Respondents : Mr.R.Bharanidharan for R1 Mr.C.Mohan for M/s.King and Patridge for R2 and R3 JUDGEMENT Though the appellants have filed the above civil miscellaneous appeal against the interim order dated 09.02.2020 passed in I.A.No. of 2020 in Arbitration No.5 of 2018 by Sole Arbitrator at Chennai, however, when the matter is taken up for hearing, the learned counsel appearing for the appellant submitted that the Arbitration itself was disposed of and the main award was passed.

2. In view of the above submission made by the learned counsel for the appellants, this Court is of the view that nothing survives for adjudication in the present appeal. Accordingly, this Civil Miscellaneous Appeal is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

28.11.2023 Index : Yes / No Speaking order / Non-speaking order Netrual Citation Case : Yes / No rap 2/4

To The Section Officer, V.R.Section, High Court, Madras. 3/4

M.DHANDAPANI, J.

rap 28.11.2023 4/4