Madras High CourtCMA/1601/2021dismissed as infructuous

N.Gururajan v. S.C.Pandian

2023-12-22Honourable Mr Justice M.Dhandapani2 pages

C.M.A.No.1601 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2023

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.M.A.No.1601 of 2021 and CMP.No.8354 of 2021 N.Gururajan ... Appellant -vsS.C.Pandian ... Respondent Prayer:- Civil Miscellaneous Appeal Petition filed under Order 43 Rule 1 of the Civil Procedure Code to set aside the order dated 23.12.2020 made in IA.No.1/2020 in Arbitration Case No.OP.993 of 2019 on the file of the Arbitral Tribunal consisting the sole Arbitrator Mr.P.Ganesh, District Judge (Rtd.,) Chennai.

For Appellants : Mr.S.Surya for Mr.A.K.Sriram For Respondent : No appearance

JUDGMENT

The appeal has been filed to set aside the order dated 23.12.2020 made in IA.No.1/2020 in Arbitration Case No.OP.993 of 2019 on the file of the Arbitral Tribunal consisting the sole Arbitrator Mr.P.Ganesh, District Judge (Rtd.,) Chennai.

M.DHANDAPANI,J.

https://www.mhc.tn.gov.in/judis 1/2

C.M.A.No.1601 of 2021 Rli

2. Today when the matter was taken up for hearing, the learned counsel for appellant submitted that the present appeal has been filed against the order of IA in Arbitration Case No.OP.993 of 2019 on the file of the Arbitral Tribunal, Chennai. During pendency of the appeal, the main arbitration case itself ended. Therefore, the learned counsel prays that the appeal filed by the appellant may dismissed as infructuous.

3. In view of the submission made by the learned counsel for the appellant, the prayer sought for in this appeal has become infructuous. Accordingly, this Civil Miscellaneous Appeal is dismissed as infructuous. Consequently, connected miscellaneous petition is also closed. No costs. 22.12.2023 Rli Index: Yes/No NCS : Yes/No C.M.A.No.1601 of 2021 https://www.mhc.tn.gov.in/judis 2/2