Anitech Infraa v. R.S.Development And Construction India Pvt.Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024

CORAM:

THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN M/s.Anitech Infraa Represented by its Managing Partner T.Gagarin A10, Rams Apartment 21, Dr.Raja Annamalai Road Purasaiwalkam, Chennai - 600 084.

... Petitioner Vs 1.M/s.R.S. Development and Construction India Pvt. Ltd., Rep by its Authorised Signatory No.131/1, A.P.T.Road, Near CD Building Erode - 638 003.

2.C.Subramaniam Sole Arbitrator A-37, Sampath Nagar Club Melaange Road Erode - 638 011.

... Respondents 1/4

Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India praying to direct the Principal District and Sessions Court, Erode District to dispose of the proceedings in Arb.O.P.No.43 of 2023 pending on the file of the Principal District and Sessions Court, Erode District, within a specified period and pass such further orders. For Petitioner : Mr.Dinesh Ravi

ORDER

The petitioner has preferred this revision seeking a direction of this Court to the learned Principal District and Sessions Judge, Erode, to dispose of Arb.OP.No.43 of 2023, which has been preferred by him challenging the award of the second respondent dated 22.10.2022.

2. A perusal of the impugned proceedings would show that the said Arbitration O.P was preferred by the revision petitioner on 19.01.2023 before the Principal District Judge at Erode, and it has been taken on file on 06.03.2023. The respondents have been served with notice and they have entered appearance. In the proceedings under Section 34 of the Arbitration and Conciliation Act, 1996, the Court had called upon the respondents to file their counters. It has also been recorded that the records of the Arbitrator 2/4

had not been received till November 2023.

3. The learned counsel for the petitioner now states that the records of the Arbitrator have been received as early as January 2024, and the matter is ready for hearing.

4. Taking into consideration the fact that while the application under Section 34 of the Act is pending, the respondents are executing the award, there shall be a direction to the learned Principal District and Sessions Judge at Erode, to dispose of Arb.O.P.No.43 of 2023, within a period of six months, excluding the month of May 2024. In other words, the learned Judge is required to dispose of the Arb.O.P.No.43 of 2023 on or before 30.11.2024.

5. With the above direction, this revision petition is disposed of. No costs.

18.04.2024 Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order ds 3/4

V.LAKSHMINARAYANAN,J.

ds To 1.The Principal District and Sessions Judge Erode District.

2.The Section Officer VR Section, High Court, Madras.

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