Arjun Fireworks Industries v. R. Shanmugasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2016

CORAM:

THE HONOURABLE MR. JUSTICE RAJIV SHAKDHER TR.CMP No.387 of 2016 1.

Arjun Fireworks Industries rep.by its Partner M.Malleeshwari No.1/187 A, E.B.Colony Sivakasi.

2.

M.Malleeshwari 3.

T.Rajalakshmi ... Petitioners vs R.Shanmugasundaram ... Respondent Petition filed under Section 24 of the Civil Procedure Code to pass orders to withdraw Arb.O.P.No.1 of 2014 from the file of the District Court, Srivilliputhur and to transfer the same to the file of this Court.

For Petitioners: Mr.S.Nambi Arooran For Respondent : Ms.Elizabeth Ravi for Mr.S.Subbiah

O R D E R

1.

Via this application, transfer is sought of Arbitration O.A.No.1 of 2014, pending adjudication on the file of the District Court, Srivilliputhur to this High Court.

2. This application has been filed by Arjun Fireworks Industries via its partner M.Malleeshwari.

3. Counsel for the respondent/original petitioner in O.P.No.64 of 2015 says, that an objection has been taken before the concerned District Court with regard to the maintainability of the petition, of which transfer is sought to this Court.

4. The concerned Court is directed to dispose of the objections filed, within two weeks of the receipt of the order.

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5. Accordingly the captioned application is also disposed of with liberty to the petitioners to approach this Court, if a need arises qua the same at the appropriate stage.

6. Needless to say that the petitioners will also have liberty to take recourse to an appropriate proceeding, if an adverse order is passed by the concerned District Court, on the objections preferred by the respondent/original petitioner in O.P.No.64 of 2015; albeit, in accordance with law. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vj2 To

1. The District Court, Srivilliputtur.

1 cc to M/s.S.Subbiah, Advocate, sr.43989 1 cc to M/s.Ajmal Associates, Advocate, sr.43974 TR.C.M.P.No.387 of 2016 mpi co kra 09.08.2016 https://hcservices.ecourts.gov.in/hcservices/