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Madras High CourtA/405/2024ordered

P.Yuvaraj v. Cholamandalam Investment And Finance Company Ltd

2024-02-22Honourable Mr Justice C. Saravanan2 pages

A.No.405 of 2024 A.No.405 of 2024 in Arb.O.P.(Com.Div) DR.No.139450 of 2023 C.SARAVANAN, J.

This application is filed to condone the delay in filing O.P.Dr.No.139450 of 2023 against the Award dated 11.04.2022.

2. The applicant claims to have received the copy of the Award only on 13.07.2023 and has filed this Original Petition with a delay of 7 days on 20.10.2023.

3. The learned counsel for the respondent would submit that the delay may be condoned subject to the rights of the respondent to raise objections on the ground of limitation.

4. It is submitted that the Arbitrator may have records to substantiate that the Award was transmitted to the applicant immediately after 11.04.2022 and therefore, the present Original Petition filed on 20.10.2023 may be hopelessly time barred.

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A.No.405 of 2024 C.SARAVANAN, J.

rgm

5. Recording the above submission, this application is allowed with liberty to the respondent to raise objections regarding the maintainability of the present Original Petition later.

6. Registry is directed to print the name of Mr.D.Pradeep Kumar, learned counsel for the respondent and number the Original Petition if the papers are otherwise in order.

7. List this case on 27.02.2024 for filing Vakalat and for further orders.

22.02.2024 rgm A.No.405 of 2024 in Arb.O.P.(Com.Div) DR.No.139450 of 2023 22.02.2024 2/2 https://www.mhc.tn.gov.in/judis