A.Periyasamy v. C.Jayalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH Original Petition No.170 of 2012 A.Periyasamy .. Petitioner Vs.

1.C.Jayalakshmi 2.K.Rajaram, Advocate and Sole Arbitrator, Arbitral Tribunal, Cheran Towers, Coimbatore - 641 018.

.. Respondents Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the Award dated 26.11.2011 passed by the Sole Arbitrator in Petition No.10 of 2011.

For Petitioner :

Mr.V.Bhiman For Respondents :

Mr.N.V.Prasanna for M/s.Sai, Bharath and Ilan for R1

ORDER

Seeking to set aside the award dated 26.11.2011, the present Original Petition has been filed.

2.The award has emanated from the spurious proceedings initiated by the sole Arbitrator against whom the proceedings have been initiated including under the Criminal Law. Suffice it to state, as fairly submitted by the learned counsel for the petitioner, the arbitration proceedings have been initiated by a person without authority. When that is the position, the original petition filed by the petitioner is not maintainable since he himself was the claimant. There is no need to exercise the power under Section 34 of the Arbitration and Conciliation Act as the claim itself is not maintainable. 3.In such view of the matter, the original petition stands dismissed. No costs.

08.11.2017 Index:Yes/No mmi

M.M.SUNDRESH,J.

mmi O.P.No.170 of 2012 08.11.2017