R.Kalyanaraman v. M/S.Shriram City Union Finance

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20.07.2017

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH O.P.No. 669 of 2015 R. Kalyanaraman ..Petitioner Vs

1. M/s. Shriram City Union Finance Ltd., represented by its Authorised representative No.123, Angappan Naicken Street, Chennai 600 001.

2. Mr. V. Senthil Kumar, Sole Arbitrator/Advocate, No.90, Peters Road, New College Shopping Complex, Roypettah, Chennai 600 014.

3. Mr.T. Shiva Kumar,

4. Mr. P.Sivaji Rao

5. G. Subha Shini .. Respondents Prayer: Petition filed under section 34 of Arbitration and Conciliation Act 1996 to set aside the award passed by the 2nd respondent dated 26.08.2013 and direct the respondents to pay the costs of the petition. For Petitioner : Mr.C. Premkumar For Respondents : Mr.Amalraj S. Penikilapatti

ORDER

Learned counsel Mr.Amalraj S. Penikilapatti appearing for the respondent would submit that upon verification of the records, it transpires that notice relating to proceedings for arbitration and demand of the outstanding

dues have not infact, been served on the petitioner. In this view of the matter, he concedes that the present petition under section 34 of the Arbitration and Conciliation Act, 1996 is liable to be allowed.

2. In view of the aforesaid submission, this petition is ordered.

3. Learned counsel Mr. Premkumar appearing for the petitioner would state that the salary of the petitioner is under attachment and stands deposited to the credit of the execution petition pursuant to order dated 7.1.2015 in E.P.No.1372 of 2014 passed by the X Assistant Judge, City Civil Court, Chennai.

4. In the light of the present order, the salary witheld is ordered to be refunded to the petitioner forthwith. No costs. Consequently, connected A.No.5867 of 2015 is closed.

20.07.2017 Index:Yes/No Speaking order/non speaking order msr DR. ANITA SUMANTH,J.

msr O.P.No. 669 of 2015

20.07.2017