M.Shankar, v. M/S.Five Star Business Finance Limited,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-07-2025

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE A No. 1329 of 2025 in Arb.O.P.SR.No.102576 of 2022

1. M.Shankar, S/o.Munisamy, No 48, Sempalli, Gudiyatham, Vellore 455, North Arcot, Tamilnadu

2. S.Saritha, W/o.Shankar, No.48,Sempalli,Gudiyatham, Vellore-455 North arcot,Tamilnadu.

3. S.Vasanth S/o.Shankar, No 48, Sempalli, Gudiyatham, Vellore 455, North Arcot, Tamilnadu.

..Applicant(s) Vs M/s.Five Star Business Finance Limited, A Company Registered under the Companies Act 1956, and having the registered office at New No.23,Old No.4,Taylors Road, Kilpauk,Chennai-600010.

Represented by its Authorised Signatory, Mr.G.S.Robert, Manager Legal.

..Respondent(s)

To Set aside order passed by the Learned Master in A.No.245 of 2025 dated 28.01.2025 the above Original Petition For Applicant(s):

M.Sarathkumar For Respondent(s):

M/s. M.Ajmal Azzath

ORDER

This Court, in its order dated 30.06.2025, had made it clear that the applicants will have to pay directly to the respondent 30% of the impugned arbitral award amount within a period of three weeks from the date of receipt of a copy of the said order; and on such payment within the stipulated time, this application shall stand allowed, failing which, this application shall stand automatically dismissed.

2. Thereafter, the matter came up for hearing on 29.07.2025. On that date, a representation was made by the learned counsel for the applicants that the applicants shall make the payment as stipulated in this Court's order dated 30.06.2025 on 30.07.2025, i.e., today.

3. However, till today, the applicants have not deposited 30% of the impugned arbitral award amount as stipulated in this Court's order dated

30.06.2025. The learned counsel for the applicants also confirms the same. But, at the same time, he requests for further adjournment to pay the amount as stipulated in this Court's order dated 30.06.2025.

4. Since the applicants have not complied with the conditional order passed by this Court on 30.06.2025, this Court, in order to give sanctity to this Court's order dated 30.06.2025, has to necessarily dismiss this application. Accordingly, this application is dismissed for non-compliance of this Court's order dated 30.06.2025. Consequently, Arb.O.P.SR.No.102576 of 2022 stands rejected.

30-07-2025 Index: Yes/No Speaking/Non-speaking order RKM

ABDUL QUDDHOSE, J.

RKM A.No. 1329 of 2025 in Arb.O.P.SR.No.102576 of 2022 30-07-2025