S.Feroz Khan v. Shriram Transport Finance

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 24th DAY OF JULY 2018 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE O.P. No.971 of 2016 In the matter of Arbitration and Conciliation Act, 1996 and In the matter of Award dated 31.07.2012 in Arbitration case No.17 of 2012 passed by the Sole Arbitrator Sri.V.Pauldas, in respect of dispute between M/s.Shriram Transport Finance Company Limited and S.Feroz Khan and another

1. S.Feroz Khan, S/o.S.Ghouse Khan Sowdagar, No.5/3, First Floor, Aziz Mulk 7th Street, Thousand Lights, Chennai-600 006.

2. Sheik Ibrahim, S/o.S.A.Hazeem, No.42, Varadhapuram 2nd Street, Kotturpuram, Chennai-600 085.

... Petitioners -Versus1. Shriram Transport Finance Company Ltd., 3rd Floor, Mookambika Complex, No.4, Lady Desika Road, Mylapore, Chennai-600 004 rep. by its Authorized Signatory Mr.S.Varadhan

2. V.Pauldas, Sole Arbitrator, No.82/106, Perambur High Road, Jamalia, Chennai-600 012.

... Respondents Original Petition praying that this Hon'ble Court be pleased to:- a) set aside the award dated 31.07.2012 passed by Arbitrator/2nd respondent in the Arbitration Proceedings

pursuant to Arbitration Case No.17 of 2012 in the matter of dispute between the petitioner and the 1st respondent and consequently dismiss the claim made by the 1st respondent. b) direct the respondent to pay the costs of the proceedings.

This Original Petition along with the application coming on this day before this court for hearing in the presence of Mr.Y.Kaja Navas, advocate for the petitioners herein and Mr.K.S.Ramakrishnan, advocate for the 1st respondent herein and upon reading the petition and the award dated 31.07.2012 and this Court is of the considered view that the findings of the Arbitrator regarding service of notice on the petitioner are absolutely perverse and the award passed against the petitioner based on the said findings is patently illegal, it is ordered as follows:- That the award dated 31.07.2012 passed by the second respondent/Arbitrator against the petitioner herein be and is hereby set aside.

2. That the first respondent herein, shall be at liberty to initiate fresh arbitration against the petitioner as well as the guarantor in accordance with law.

3. That there shall be no costs.

WITNESS THE HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 24th DAY OF JULY 2018.

Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KLY 16.08.2018 O.P. No.971 of 2016 ORDER:

DATED: 24.07.2018 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE FOR APPROVAL:20/08/2018 APPROVED ON:20/08/2018