Mr.G.Pushparaj, v. Metalman Auto Pvt Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 26th DAY OF MAY 2022 THE HON'BLE MR. JUSTICE C.SARAVANAN A. No.2077 of 2022 Mr.G.Pushparaj, Proprietor, Sree Murugan Enterprises, No.22/2, Near Police Quarters, Anna Nagar, Hosur.
... Applicant -VersusMetalman Auto Pvt. Ltd., 473-1A, Old Anekal Road, Belagondapalli, Hosur - 635 114.
... Respondent Application praying that this Hon'ble Court be pleased to extend the time period for conclusion of the arbitral proceedings between the Applicant and Respondent in IAF No.14/2021/MHAC pending before the sole arbitrator Maithreyi Canthaswamy Sharma. This Application coming on this day before this Court for hearing in the presence of Mr.Adithya Reddy, advocate for the applicant herein and upon reading the Judge's Summons and the affidavit of G.Pushparaj filed herein, it is ordered:-
That the period for completing the arbitration proceedings, be and is hereby extended by another six months from date of receipt of this order. WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 26th DAY OF MAY 2022.
Sd/- VACATION OFFICER //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
MU 31.05.2022 VACATION COURT A. No.2077 of 2022
ORDER
DATED : 26.05.2022 THE HON'BLE MR. JUSTICE C.SARAVANAN FOR APPROVAL: 31.05.2022 APPROVED ON: 31.05.2022 Copy to:- Ms.Maithreyi Canthaswamy Sharma, Advocate, Sole Arbitrator, No.286 (New No.200), Lloyds Road, Royapettah, Chennai - 600 014.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.05.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN A.No.2077 of 2022 G.Pushparaj ... Applicant Vs Metalman Auto Pvt. Ltd., 473-1A, Old Anekal Road, Belagondapalli, Hosur - 635 114.
... Respondent PRAYER: Application filed under Order XIV Rule 8 of O.S.Rules, 1956 r/w Section 29A of the Arbitration and Conciliation Act, 1996 to extend the time period for conclusion of the arbitral proceedings between the Applicant and Respondent in IAF No.14/2021/MHAC pending before the sole arbitrator Maithreyi Canthaswamy Sharma.
For Petitioner : Mr.Adithya Reddy
O R D E R
This application has been filed for extension of the period for completing the arbitration proceedings under the provisions of the MSME Act, 2006 r/w the Arbitration and Conciliation Act, 1996.
2. The MSME Act being a special enactment, a period of 90 days has been prescribed for completing the proceedings. However, on account of several factors, including the change of counsel on behalf of the
petitioner, the proceedings could not be completed and hence, the learned arbitrator appointed for deciding the dispute has requested by both the parties to approach the Court for appropriate order for extension of time beyond 29.05.2022 to complete the proceedings.
3. To this effect, learned Arbitrator also recorded the same in her proceedings dated 20.05.2022. Considering the fact that the proceedings could not be completed and the parties have already filed their claim statements, defence and the re joinder, I am inclined to allow this application filed by the applicant by extending the period for completing the arbitration proceedings by another six months from date of receipt of this order.
Sd./-C.S.N.J.
26.05.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.