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Madras High CourtOA/750/2018disposed of

Ramky Enviro Engineers Limited v. Market Management Committee

2020-01-06Honourable Mr Justice M. Sundar2 pages

O.A.No.750 of 2018 M.SUNDAR,J.

Instant 'Original Application' ('OA' for brevity) has been filed inter alia under Section 9 of 'The Arbitration and Conciliation Act, 1996' ('A and C Act' for brevity). Instant OA was tagged along with the 'Original Petition' ('OP' for the sake of brevity) under Section 11 of A and C Act. Vide a separate order made by this Court today (06.01.2020), Hon'ble Sole Arbitrator has been appointed in said OP. This order shall be read in conjunction with and in continuation of separate order made today in said OP.

2. Both the learned counsel in instant OA, namely Mr.W.M.Abdul Majeed, learned counsel representing the counsel on record for applicant and Mr.M.Velmurugan, learned counsel for respondent submit that predecessor Hon'ble judge of this Court had granted an interim order on 06.08.2018 in instant OA and the same has been extended from time to time and is now operating. Both the learned counsel submit in unison that interim order already granted by predecessor learned Judge on 06.08.2018, extended from time to time and operating now may please be continued for a period of four weeks from the date of receipt of a copy of instant order so that the parties can move Hon'ble sole Arbitrator under Section 17 of A and C Act for suitable interim reliefs. This being a common request made in unison is acceded to.

3. Though obvious, it is made clear that it is open to the parties to seek the same interim prayer and any other prayer(s) before Hon'ble Arbitrator under http://www.judis.nic.in

M.SUNDAR.J., gpa Section 17 of A & C Act. If the parties to instant OA choose to do so, all questions are left open for Hon'ble Arbitrator to decide the plea under Section 17 on its own merits and at his discretion de hors the interim order that was made in instant OA.

Instant OA is disposed of on above terms.

06.01.2020 gpa O.A.No.750 of 2018 http://www.judis.nic.in