The New India Assurance Co Ltd v. M/S.Tvs Credit Services Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:04.11.2025
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR Arb.Appeal No.54 of 2025 and C.M.P.No.26416 of 2025 The New India Assurance Co Ltd Chikmagalur Branch Chikmagalur Panduranga Complex Kollapuradma Temple Street Chikmagalur Karnataka - 577101 .. Appellant Vs.
1.M/s.TVS Credit Services Limited, Rep.by its Authorized Signatory, "Chaitanya", No.12, Khader Nawaz Khan Road, Nungambakka, Cennai-600 006 2.Green Tech Star Rep. by its Prop.Bhavitha , 2nd Floor, C-51, 8th Main No 359, 4th Phase 7th block Guru Raja Layout BSK 3rd Stage, Bengaluru, Urban Karnataka 560085 1/4
3.Rahul Appasab Kamble .. Respondents PRAYER: Appeal is filed under Section 37(1) of the Arbitration and Conciliation Act, 1996 and under Section 13(1-A) of the Commercial Courts Act, 2015, praying to set aside the order dated 19.07.2024 passed in Application No.2 of 2024 in C.P.(TVS/SME) No. CNICA-281 of 2024, by Arbitrator and allow the appeal.
For Appellant : M/s.Chockalingam SP
JUDGMENT
The learned counsel appearing for the appellant submits that, in view of the subsequent order passed by the Division Bench of this Court on 21.04.2025 in Arb.Appeal No.16 of 2025, the present appeal has become infructuous. He, therefore, seeks permission to withdraw this appeal with liberty to challenge the subsequent order passed by the Arbitrator dated 20.06.2025.
2. Recording the above submission, the Arb.Appeal stands dismissed as infructuous, with liberty to the appellant to seek refund of 2/4
the Court fee, if permissible under law. Consequently, the connected Civil Miscellaneous Petition is closed. There shall be no order as to costs.
[Dr.G.J., J.] & [M.S.K., J.] 04.11.2025 Index : Yes/No Internet : Yes/No rpl To.
The Sub Assistant Registrar, Original Side, High Court, Madras 3/4
Dr.G.JAYACHANDRAN., J.
and MUMMINENI SUDHEER KUMAR., J.
rpl Arb.Appeal No.54 of 2025 04.11.2025 4/4