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Madras High CourtCMP/7397/2020ordered

The New India Assurance Co Ltd v. Amarjothi Spinning Mills Ltd

2020-07-10Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 10.07.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.M.P.No.7397 of 2020 in C.M.A.No.1094 of 2019 The New India Assurance Divisional Office, No.3, Main Road, Dindugul 624 001.

...Applicant .. Vs ..

1. Amarjothi Spinning Mills Ltd, Rept. by its Joint Managing Director Mr. R. Jaichander, Gobi Main Road, Pudusuripalayam, Erode-638 458, Gobi Taluk, Erode District.

2. Justice K. Sampath, (Retired) since deceased), Presiding Arbitrator No.11, 2nd Street, Jegadambal Colony, Royapettah, Chennai-600 014.

3. Mr. V. Ramasamy, Member Arbitrator, Mithila, Plot No.21, Kalathumedu Street, Kottivakkam, Chennai-600 041.

4. N. Veeraraghavan, Member Arbitrator, No.3, 1st Street, North Gopalapuram, Chennai-600086.

.. Respondents Prayer: Application filed to extend time granted for compliance by four weeks from 26.06.2020 directed in para 29 of the C.M.A.No.1094 of 2019.

CMA No.1094 of 2019: To set aside the Judgment and decreetal order dated 23/7/2018 passed in A.OP.No.172 of 2016 on the file of Principal District Judge at Erode while confirming the Arbitral Award dated 15.06.2016.

For Applicant : Mr.S.R.Sundar For Respondents : Mr.N.Manoharan

O R D E R

Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondents through video conferencing.

https://hcservices.ecourts.gov.in/hcservices/

2. This application has been filed seeking extension of four weeks time to the pay the amount awarded in the

Arbitration proceedings, which was subsequently confirmed by this Court in C.M.A.No.1094 of 2020 on 27.05.2020.

3. The entire dispute primarily is with regard to the claim of the first respondent. Such dispute has been referred to the arbitrator and the arbitrator passed an award for a sum of Rs.7,04,96,093/- with interest thereon. The above Award has been challenged before the Arbitral Tribunal, Erode and the Tribunal confirmed the Award of the Arbitrator, against which C.M.A.No.1094 of 2019 has been filed before this Court. This Court also confirmed the Order of the Tribunal and directed the appellant to pay the sum of Rs.7,04,06,093/- within a period of four weeks.

4. Now the learned counsel appearing for the petitioner submitted that due to pandemic situation, the Order of this Court could not be complied and they are taking steps to comply the Order of this Court and to comply the Order of this Court Court, they require further period of four weeks.

5. The learned counsel for the first respondent has no objection in allowing this petition.

6. Having regard to the pandemic situation and the fact that the respondent has no objection for extension of time, time is extended for a further period of four weeks, i.e., till 10.08.2020, to comply the Order of this Court. This petition is Ordered accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vrc To 1.The Principle DMM Judge, Erode.

2.Member Arbitrator, Mithila, Plot No.21, Kalathumedu Street, Kottivakkam, Chennai-600 041.

3.Member Arbitrator, No.3, 1st Street, North Gopalapuram, Chennai-600086.

C.M.P.No.7397 of 2020 in C.M.A.No.1094 of 2019 VSN II(CO) CB(27/07/2020) https://hcservices.ecourts.gov.in/hcservices/