M/S.Saravana Selvarathinam Dairy Division, Rep. By Its Proprietor Mr.S.Saravana Arul, v. M/S.Nivjer Infrastructure, Rep. By Its Chief Executive Mr.R.Vincent Raju,

ABDUL QUDDHOSE, J.

These applications have been filed consequent to the allowing of O.P.No.160 of 2021 & O.P.No.481 of 2009.

2. In O.P.No.160 of 2021 and O.P.No.481 of 2009, the applicant was the petitioner and the said O.Ps. were filed challenging the arbitral award passed under Micro, Small and Medium Enterprises Development Act, 2006 which came to be allowed by this Court by order dated 18.11.2021 in O.P.No.160 of 2021 and by order dated 30.01.2020 in O.P.No.481 of 2009.

3. Consequent to the allowing of O.P.Nos.160 of 2021 and O.P.No.481 of 2009, the applicant who had deposited 75% of the award amount has filed these applications, seeking for payment out of the same. However, the learned counsel for the applicant would submit that aggrieved by the orders passed in the section 34 applications, the respondents in the said O.Ps have preferred O.S.As. which are still pending on the file of the Division Bench of this Court. Since O.S.As are pending and likely to be 1/3

listed soon, the question of entertaining these applications at this stage will not arise.

4. However, to protect the interest of the applicant, liberty will have to be granted to them to revive these applications depending upon the outcome of the O.S.As. Learned counsel for the Applicant has also not raised any serious objection for the same.

5. After recording the aforesaid facts, these applications are disposed of by granting liberty to the applicant to revive the very same relief that has been sought for in these applications depending upon the outcome of the O.S.As filed by the respondents which are now pending on the file of the Division Bench of this Court.

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ABDUL QUDDHOSE, J.

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