← Library
Madras High CourtCMP/13177/2024ordered

M/S. Spr Construction Private Limited v. M/S. Binny Limited

2024-07-02Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Govindarajan Thilakavadi2 pages

C.M.P.No.13177 of 2024 in C.M.A (SR) No.81178 of 2024 C.M.P.No.13177 of 2024 in C.M.A (SR) No.81178 of 2024 M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., (Order of the Court was made by M.SUNDAR.J.,) Captioned 'Civil Miscellaneous Petition' ['CMP' for the sake of brevity] has been filed with a dispense with prayer qua an interim order dated 24.04.2024 made by a three member 'Arbitral Tribunal' ['AT' for the sake of brevity].

2. Learned counsel Mr.N,Ramakrishnan of M/s.ARK Law Associates (Law Firm) submits that captioned appeal is a statutory appeal inter alia under Section 37(2)(b) of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience and clarity].

3. Adverting to the typed-set of papers, more particularly pages 133 to 140 thereat, learned counsel submits that the interim order of the 'Arbitral Tribunal' ['AT' for the sake of brevity] under Section 17 of A and C as served on the appellant i.e., claimant before AT has been filed. https://www.mhc.tn.gov.in/judis 1/2

C.M.P.No.13177 of 2024 in C.M.A (SR) No.81178 of 2024 M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., gpa

4. In the light of the narrative thus far, we are of the considered view that Registry insisting on certified copy in matters of this nature i.e., wherein interim order has been made by AT, which is a private tribunal i.e., creature of a contract is plainly incorrect. Registry to take note of this order in the days to come. Nonetheless as the captioned CMP is on Board, the same is ordered as prayed for.

[M.S.J.,] [K.G.T.J.,] 02.07.2024 gpa P.S. I: Upload forthwith P.S.II : All concerned including Registry of Madras High Court to act forthwith on the uploaded soft copy of this proceedings as uploaded in the official website of this Court. To be noted, the soft copies uploaded in the official website of this Court are water marked, besides being QR Coded. C.M.P.No.13177 of 2024 in C.M.A (SR) No.81178 of 2024 https://www.mhc.tn.gov.in/judis 2/2