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Yogesh M.U v. M/S.Evp Rajeswari Palace

2025-04-28Honourable The Chief Justice,Honourable Mr.Justice Mohammed Shaffiq2 pages

Arb Appeal No.22 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2025

CORAM

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Arb Appeal No.22 of 2025 and C.M.P.No.10218 of 2025 Yogesh M.U S/o.Umesh, Radiance Suprema, A-1006, Tower-2, The Grand Northern Trunk Road, Madhavaram, Chennai - 600 060 and another Appellant(s) Vs EVP Rajeshwari Palace Rep. by Mrs.Sanmiha Narayanan, No.23 Thiyagaraya Road, Pondy Bazaar, T.Nagar, Chennai - 600 017.

Respondent(s) For Appellant(s):

Ms.Kavitha Rameshwar for Mr.R.S.Mohan __________ https://www.mhc.tn.gov.in/judis

Arb Appeal No.22 of 2025

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Mrs.Kavitha Rameshwar states that this appeal came to be filed under Section 37 of the Arbitration and Conciliation Act, 1996, in view of the Registry refusing to take on file as Original Petition under Section 34 of the Arbitration and Conciliation Act, 1996 on the alleged ground (for which, there is no record) that the Award mentions "Arbitration O.P. (Com. Div.) No.94 of 2024". Mrs. Kavitha Rameshwar states that is the Original Petition under which the Arbitrator came to be appointed by the order passed on 27.03.2024.

2. We have, with the assistance of counsel, seen the Award. It is a final award and should have been registered as Original Petition under Section 34 of the Arbitration and Conciliation Act, 1996. The Registry to do the needful. For the purpose of filing date, the Registry shall proceed on the basis that the petition was filed on 21.03.2025. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 28.04.2025 bbr __________ https://www.mhc.tn.gov.in/judis