← Library
Madras High CourtOA/826/2025disposed of

Ms Smfg India Credit Company Limited Represented By Its Authorized Signatory Mr G Sankararaman v. Renuka Steel And Hardware

2025-09-09Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Ms SMFG India Credit Company Limited Represented by its Authorized Signatory Mr G Sankararaman 2nd North Avenue 10th Floor Maker Maxity Bandra Kurla Complex Bandra East Mumbai Applicant(s) Vs

1. Renuka Steel And Hardware Ground Floor 4 8 25 Mushak Mahal Huda Colony, Hyderabad Near Hanuman Temple, Telangana 500 064.

2.Sachin Goel Ground Floor 4 8 25 Mushak Mahal Huda Colony Hyderabad Near Hanuman Temble Telangana 500 064 Respondent(s)

PRAYER This application has been filed under Section 9(2)(b) and (e) of the Arbitration and Conciliation Act, 1996, to pass an order of interim injunction restraining the respondents, or his men, agents, or anybody acting on his authority, to transfer, alienate, encumber, or sell the property more fully described in the schedule hereunder to any third party. For Applicant(s):

K.Indhumathi

ORDER

This application has been filed for an order of interim injunction restraining the respondents or their men, servants or agents etc, from transferring or alienate or encumbering the schedule property. 2.This Court heard the learned counsel for the applicant and carefully perused the materials available on record.

3.It is brought to the notice of this Court already arbitration proceedings has been initiated and the learned arbitrator has reserved the case for pronouncing the award. In the meantime, the applicant became aware that the respondents are attempting to alienate/encumber the schedule property. Under such circumstances, the present application came to be filed before this Court.

4.In the considered view of this Court, when the matter is pending before the arbitrator and the award is yet to be passed, nothing prevent the applicant from filing an application under Section 17 of the Arbitration and Conciliation Act, 1996 [hereinafter referred as 'the Act']. Hence, liberty is granted to the applicant to move an application under Section 17 of the Act, before the learned arbitrator and the same will be dealt with on its own merits and in accordance with law.

5.This application is disposed of in the above terms. There shall be no order as to costs.

09-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes KP

To 1.Renuka Steel And Hardware Ground Floor 4 8 25 Mushak Mahal Huda Colony, Hyderabad Near Hanuman Temple, Telangana 500 064.

2.Sachin Goel Ground Floor 4 8 25 Mushak Mahal Huda Colony Hyderabad Near Hanuman Temble Telangana 500 064

N.ANAND VENKATESH J.

KP 09-09-2025