V.Shanthi v. Five Star Business Finance Limited

Application No.4962 of 2023 in Arb.O.P.DR.No.108448 of 2023 Application No.4962 of 2023 in Arb.O.P.DR.No.108448 of 2023 ABDUL QUDDHOSE, J.

V. Shanthi ... Applicant Vs.

M/s.Five Star Business Finance Limited, Rep. by its Authorised Signatory, Mr.G.S. Robert, A Company registered under the Companies Act, 1956, Having the registered Office at No.39, Outer Circular Road, Kilpauk Garden Colony, Kilpauk, Chennai - 600 1010.

... Respondent This application has been filed to dispense with the production of the original or true copy of the Award in Arbitration Case No.ARC/FSBFL/060/2018 dated 21.10.2019.

2. According to the applicant, she has not received the original award from the Arbitrator and she has received xerox copy of the same only in the Execution Petition filed by the respondent. https://www.mhc.tn.gov.in/judis

Application No.4962 of 2023 in Arb.O.P.DR.No.108448 of 2023 ABDUL QUDDHOSE, J.

Sni

3. No prejudice would be caused if this application is allowed as prayed for, without prejudice to the rights and contentions of the respondent to raise all objections with regard to the date of receipt of the original award by the applicant in the Arbitration Original Petition filed by the applicant under Section 34 of the Arbitration and Conciliation Act, 1996.

4. In view of the above, this Application is allowed as prayed for, without prejudice to the rights and contentions of the respondent to raise all objections available to them under law, with regard to the date of receipt of the original Arbitral Award by the applicant.

5. Registry is directed to number the Arbitration Original Petition, if it is otherwise in order and list the same for admission. 22.09.2023 Sni Application No.4962 of 2023 in Arb.O.P.DR.No.108448 of 2023 https://www.mhc.tn.gov.in/judis