Madras High CourtOP/4/2016dismissed as withdrawal

M/S.Motilal Oswal Securities v. Vinay V.Chillashetti

2021-07-28Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR O.P.No.4 of 2016 M/s. Motilal Oswal Securities Ltd., Rep. by its Branch Manager Mr.Ramakrishnan, 2nd Floor, Palm Spring Centre, Next to D-Mart Super Market, Link Road, Malad (W), Mumbai- 400 064.

Petitioner .Vs.

1. Vinay V Chillashetti No.47, 10th Main, M.C.Layout Vijayanagar, Bangalore - 560 040.

2. Mr.S.Subramaniam Sole Arbitrator, National Stock Exchange of India Limited, 7th Floor, Arihant NITCO Park, 90, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. Mr.C.Rangamani, Presiding Appeal Panel, National Stock Exchange of India Limited,

7th Floor, Arihant NITCO Park, 90, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

4. Mr.K.Ramaratnam Appeal Panel, National Stock Exchange of India Limited, 7th Floor, Arihant NITCO Park, 90, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

5. Mr.M.Navarathan Presiding Appeal Panel National Stock Exchange of India Limited, 7th Floor, Arihant NITCO Park, 90, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

Respondents * * * Prayer: Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 praying to set aside the award dated 28.05.2014 passed by the respondent Nos.3 to 5 under Arb (A.M) F & O/C-0019/2013. * * * For Petitioner :

Mr.P.V.Balasubramaniam For Respondents :

Mr.T.K.Bhaskar

O R D E R

This Petition has been filed challenging the Award dated 28.05.2014 passed by the National Stock Exchange of India Limited.

2. It is contended by the learned counsel for the respondent that the Court of Bombay has jurisdiction in this matter. Therefore, this Original Petition cannot filed before this Court.

3. Mr.T.K.Bhaskar, learned counsel appearing for the petitioner also fairly concedes that the Original Petition has to be filed only before the Court of Bombay, as the said Court would have jurisdiction in this matter. Accordingly, he seeks permission to withdraw this Original Petition and to file an application before the Court of Bombay.

4. In view of the submissions made by the learned counsel on either side, without going into the merits of the case, the Original Petition is ordered to be returned to the petitioner with liberty to file an application within a period of two

months from the date of receipt of a copy of this order before the Court of Bombay which has jurisdiction to decide the O.P.

Accordingly, this Original Petition is dismissed as withdrawn. No Costs. 28.07.2021 Index : Yes / No Internet: Yes Speaking/Non-speaking order dh

N. SATHISH KUMAR, J.

dh order in:

O.P.No.4 of 2016 28.07.2021