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Madras High CourtOP/744/2018dismissed for nonprosecution

Smt.M.Sarala v. M/S.Shriram Transport Finance

2021-07-20Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 20TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR In the matter of Arbitration and Conciliation Act 1996 and In the matter of award dated 30-06-2016 passed in Arbitration Case No. 148 of 2015 between M/s. Shriram Transport Finance Company Ltd. AND Mrs. M.

Sarala & C. Rajendiran.

Smt.M.Sarala W/o. Late Mr. Megavarnam Plot No. 32, Rajalakshmi Nagar Near PR Nagar, Nagalamman Nagar Arakkonam, Vellor District- 631001.

. . . Petitioner

Versus

1.M/s.Shriram Transport Finance Company Ltd Mookambika Complex, 3rd Floor, 4, Lady Desika Road, Mylapore Chennai - 600 004.

Reprsented by its Power of Attorney Mr.S.Varadhan

2.Mr.C.Rajendiran S/o.Chengamma Naidu Rajalakshmi Nagar Vadamambakkam Post Arakkonam, Vellore 631101 . . . Respondents The Original Petition praying that this Hon'ble Court be pleased to set aside the award of the Sole Arbitrator dated 30.06.2016 passed in Arbitration Case 148 of 2015 and direct the 1st respondent to pay the cost of the petition.

This Original Petition coming on this day before this court for hearing in the presence of Mr.L.Rajendran, Advocate for the 1st respondent herein and the petitioner herein not appearing in person or by advocate and upon reading the petition and the award dated 30/06/2016 filed herein and this court is of the view that on earlier occasion, learned counsel for the petitioner has filed a memo stating "No Instruction" from his client, the same clearly indicate that the petitioner is not interested to prosecute the matter, it is ordered as follows:- That the O.P. No.744 of 2018 be and is hereby dismissed for nonprosecution.

2.That there shall be no costs of this petition. WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS THE 20TH DAY OF JULY 2021.

Sd/- ASSISTANT REGISTRAR (O.S.II) /Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

NS 16.09.2021

ORDER

DATED 20/07/2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 30/09/2021 APPROVED ON: 01/10/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 20.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR O.P.No. 744 of 2018 M.Sarala . . . Petitioner

Versus

1.M/s.Shriram Transport Finance Company Ltd Mookambika Complex, 3rd Floor, 4, Lady Desika Road, Mylapore Chennai - 600 004.

Reprsented by its Power of Attorney Mr.S.Varadhan 2.Mr.C.Rajendiran S/o.Chengamma Naidu Rajalakshmi Nagar Vadamambakkam Post Arakkonam, Vellore 631101 . . . Respondents PRAYER : Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award of the Sole Arbitrator dated 30.06.2016 passed in Arbitration Case 148 of 2015 and direct the 1st respondent to pay the cost of the petition For Petitioner : No appearance For Respondents : Mr.L.Rajendran for R1.

ORDER

When the matter was taken up today, there was no representation for the petitioner.

2. On earlier occasion, learned counsel for the petitioner has filed a Memo stating "No instruction" from his client, the same clearly indicate that the petitioner is not interested to prosecute the matter.

3. In such view of the matter, this Original Petition is dismissed for non-prosecution. No costs.

Sd/- N.S.K.J.

20/07/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.