M/S.Ar Packaging, v. M/S.Sekisui Dljm Molding Pvt Ltd,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Application No.5032 of 2025 in M/s.AR Packaging, represented by its Proprietor Mr.Amal Rajan Plot No.1173, Kizhakkaranai Main Road, Kizhakkaranai Village, Maramalai Nagar, Kancheepuram - 603 204.

.... Applicant Vs.

M/s.Sekisui DLJM Molding Pvt. Ltd., represented by its Deputy General Manager, Mr.Ajay Kumar Tyagi, Plot No.H-17, Sipcot Industrial Park, Vallam Vadakal Sriperumbudur Taluk, Kancheepuram - 602 106.

.... Respondent Application filed under Order XIV Rule 8 of O.S.Rules read with Section 34 of the Arbitration and Conciliation Act, 1996, praying to permit the applicant to withdraw 75% of the award amount i.e., 25,00,697/- deposited in the Arb.O.P.(Com.Div.) No.530 of 2024 along with accrued interest.

For Applicant : Mr.M.V.V.N.Sivanthi *****

ORDER

1/4

This application has been filed seeking permission to the applicant to withdraw 75% of the award amount deposited to the credit of Arb.O.P.(Com.Div.) No.530 of 2024 along with accrued interest.

2. Heard learned counsel for the applicant.

3. The applicant approached the MSME Council on the ground that the respondent failed to fulfil their obligations and filed a complaint for recovery of a sum of Rs.29,58,780/- along with interest. After reviewing the submissions and documents, the Council passed the final order directing the respondent to pay the applicant a sum of Rs.29,58,780/- along with interest.

4. The respondent filed the petition in Arb.O.P.(Com.Div.) No.530 of 2024 under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the award passed by the MSME Council. The petition came to be dismissed by this Court by order dated 04.06.2025 for nonprosecution. Till date, no application has been filed for restoring the petition. While filing the petition, the respondent had deposited 75% of 2/4

the award amount.

5. In view of the fact that the petition itself was dismissed, the applicant has moved this application seeking to withdraw 75% of the award amount along with accrued interest.

6. Considering the fact that the award has become final since the petition filed challenging the award has been dismissed, this Court permits the applicant to withdraw 75% of the award amount deposited to the credit of Arb.O.P.(Com.Div.) No.530 of 2024 along with accrued interest.

Accordingly, this application is allowed.

16.10.2025 Index:yes/no Speaking order/Non-speaking order NCC:yes/no gm N.ANAND VENKATESH, J.

gm 3/4

Application No.5032 of 2025 in 16.10.2025 4/4