Pavan Developers v. M.V.Salai Abaranam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2023

CORAM:

THE HONOURABLE Mrs. JUSTICE T.V.THAMILSELVI and C.M.P.Nos.27533 &27535 of 2023 M/s.Pavan Developers rep by its Partner Mrs.M.Sumitha Office at No.91 & 92 Kodambakkam High Road 2nd floor, Nungambakkam, Chennai 600 034.

.. Petitioner Vs 1.M.V.Salai Abaranam 2.B.Anubhama .. Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the impugned order dated 30.10.2023 passed by the Principal District Judge, Chengalpet in E.A.No.4 of 2022 in E.P.No.85 of 2018.

For Petitioner : Mr. D.R. Raghunath 1/4

O R D E R

This Civil Revision Petition is filed challenging the attachment order passed in E.A.No.4 of 2022 in E.P.No.85 of 2018, the third party has preferred this revision.

2. The learned counsel for the petitioner submits that the property belongs to M/s.Pavan Developers was erroneously attached, which was no way connected with the arbitration proceedings.

3. Admittedly, the petitioner is the third party to the arbitration proceeding and the award was passed on 07.07.2014. On perusal of the award, both the respondents, more particularly, Anubama, who is the Managing Director of the then M/s.Pavan Developers remained ex parte and accordingly, the award was passed. As on date, the award is in force, as a third party, has no locus standi to challenge. Therefore, I do not find any merit in this petition.

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4. Accordingly, the Civil Revision Petition is dismissed as no merits. No costs. Consequently, connected miscellaneous petitions are closed.

07.12.2023 Index :Yes/No AT To The Principal District Judge, Chengalpet.

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T.V.THAMILSELVI, J.

AT C.R.P.No. 4615 of 2023 and C.M.P.Nos.27533 &27535 of 2023 07.12.2023 4/4