T.M.K.A Ahmed Meeran v. Ag Melco Techno Services Pvt Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.07.2025 CORAM :
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Review Application No.128 of 2025 in C.R.P.No.1466 of 2020 --- Mr.T.M.K.A.Ahmed Meeran .. Review Applicant
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M/s.AG Melco Techno Services Private Limited Formerly known as, M/s. ETA Melco Techno Services Private Limited 7th Floor, Khivraj Complex II, No.480, Anna Salai, Nandanam, Chennai - 600 035 Represented by its Director R.Kannan .. Respondents Prayer in Review Application: Review Application is filed under Order XLVII Rule 1 read with Section 114 of Code of Civil Procedure 1908 against the Order dated 22.12.2023 passed in C.R.P.No.1466 of 2020. Prayer in C.R.P: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 29.11.2019 in I.A.No.5744 of 2018 in O.S.No.5055 of 2017 on the file of the learned XIII Assistant Judge, City Civil Court, Chennai.
For Review Applicant :
Mr.K.M.Aasim Shehzad For Respondent :
Mr.R.Sanjeev
ORDER
The Review Application is filed to review the Order dated 22.12.2023 made in C.R.P.No.1466 of 2020.
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2. Learned Counsel for the Review Petitioner/Respondent in C.R.P submitted that on the date of argument in C.R.P.No.1466 of 2020, both the learned Counsels appearing for the Petitioner as well as the Respondent had not brought to the notice of this Court, the judgment of the Seven Judge Bench of the Hon'ble Supreme Court dated 13.12.2023.
3. The learned Counsel for the Petitioner in C.R.P would submit that on the date of argument, when the subject matter was reserved for orders on 19.06.2023, the judgment of the Seven Judge Bench of the Hon'ble Supreme Court was not available. Therefore, what was ordered by this Court was based on 25.04.2023 order that was based on Five Judge Bench of the Hon'ble Supreme Court. Therefore, it does not need any review at this stage.
4. Learned Counsel for the Review Petitioner had furnished the judgment of the Seven Judge Bench in Curative Petition (C) No.44 of 2023 in Review Petition (C) No.704 of 2021 in Civil Appeal No.1599 of 2020 "IN RE:
INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899"
5. On perusal of the order of the Hon'ble Supreme Court, it is found that the order was available on 13.12.2023, whereas this Court had passed order in C.R.P.No.1466 of 2020 on 22.12.2023 which is after the constitution Bench judgment. Therefore, the objection made by the Respondent (learned Counsel 2/4
for the Petitioner in C.R.P.No.1466 of 2020) is over ruled.
6. Learned Counsel for the Respondent (learned Counsel for the Petitioner in C.R.P.No.1466 of 2020) further submitted that based on the order passed on 22.12.2023, the trial Court had restored the suit on file and it is posted for .. evidence.
7. The learned Counsel for the Review Petitioner submitted that he had notified the trial Court regarding the filing of Review Petition. In the light of the submission made by both parties and in the light of the judgment of the Hon'ble Supreme Court, the objection is over ruled. In the result, the Review Application is allowed. 09.07.2025 shl Index : Yes/No Speaking/Non-speaking order SATHI KUMAR SUKUMARA KURUP, J 3/4
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