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Madras High CourtA/2999/2022ordered

M/S.Annai Steels, Rep.By Its Partner, Mr.J.Rajesh v. M/S.Axis Bank Ltd

2022-07-27Honourable Mr Justice M. Sundar2 pages

Appln.No.2999 of 2022 Appln.No.2999 of 2022 in Arb.O.P.D.No.46709 of 2022 M.SUNDAR, J., Captioned application has been taken out with a dispense with prayer.

2. To be noted, prayer is not happily worded. Prayer is for dispensing with the production of 'original award copy' passed in A.C.P. (Axis - BL) No.2572 of 2021 Chennai dated 23.02.2022. Ms.G.Uma Maheswari, learned counsel on record for applicant requests this Court to treat this as 'signed copy of the award'

3. Though several averments touching upon challenge to award have been made in the affidavit, I deem it appropriate to ignore the same for the present preserving the rights of the applicant to advance those arguments in main Arb OP. As regards the averment that is most relevant for dispense with prayer, the same is contained in paragraph No.7 wherein it has been mentioned that the petitioner had misplaced the signed copy of the award but had retained a scanned soft copy of the same.

Page Nos.1/2 https://www.mhc.tn.gov.in/judis

Appln.No.2999 of 2022 M.SUNDAR, J., mk

4. Learned counsel submits that a hard copy i.e., print out of scanned copy has since been filed along with captioned Arbitration Original Petition.

5. Preserving the rights of the respondent and if necessary, Arbitral Tribunal to dispute the correctness or authenticity of scanned copy, captioned application is ordered as prayed for. There shall be no order as to costs.

27.07.2022 mk Appln.No.2999 of 2022 in Arb.O.P.D.No.46709 of 2022 Page Nos.2/2 https://www.mhc.tn.gov.in/judis