Raghu Chilukuri v. M/S Jak Industries

A NO. 6612 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE A.No. 6612 of 2024 Raghu Chilukuri S/o.C.H.Venkateshwara Rao,age 56 having address at No.16, Brindavan Avenue, Kennedy Street Extension, Tambaram West, Chennai-600 045.

Applicant(s) Vs M/s Jak Industries Plot No.1 and 2,VGP Amudha Nagar, Maduravoyal,Chennai-600095 And Having factory at Prasheetha Nagar, Seneerkuppam,Chennai-600056. and 8 Others Respondent(s) For Applicant(s): Mr.M.S.Krishnan,Senior Counsel for M/s.SARVABHAUMAN ASSOCIATES For Respondent(s): Ms.Aishwarya S. Nathan for R1 to R4 Ms.Vindhya Vasini.S. for R5 Mr.Muthuchharan Sundresh for R9

ORDER

This application has been filed under Section 29A of the Arbitration and Conciliation Act seeking for extension of time for the Arbitral Tribunal to pronounce the Arbitral Award.

2. The applicant is one of the legal heirs of the deceased claimant. The claimant died during the pendency of the arbitration. The respondents 6 to 9 are the other legal heirs of the deceased claimant. The applicant has given sufficient

reasons in the affidavit filed in support of the application for seeking extension of time for the Arbitral Tribunal to pronounce the Arbitral Award. The respective counsels appearing for the respective respondents have also not raised any serious objection for allowing this application, provided their interests are safeguarded. They would submit that some of the respondents have already filed an application seeking to implead themselves as party respondents in the arbitration and the said applications are pending before the Arbitral Tribunal.

3. Learned senior counsel appearing for the applicant, on instruction, would submit that the applicant does not have any objection for the respective respondents to be impleaded as party respondents in the arbitration. The said undertaking given by the applicant, on instruction, is recorded by this Court.

4. Since certain issues have been raised by the contesting respondents in this application through their counters filed before this Court, those issues are left open for the Arbitral Tribunal to decide. This Court is not expressing any opinion on the merits of those issues.

5. Since sufficient cause have been shown by the applicant for seeking extension of time for the Arbitral Tribunal to pronounce the Arbitral Award, this Court is inclined to grant extension of time for the Arbitral Tribunal to pronounce the award. Even though in this application, the applicant has sought for extension of time from

03.09.2023 for a period of eighteen(18) months, this Court, after giving due consideration to the affidavit and that the matter is being heard only today, is extending the time from 03.09.2023 to 31.03.2026, considering the nature of the dispute between the parties. Accordingly, this Application is ordered. 12-02-2025 vsi To

1. M/s Jak Industries Plot No.1 and 2,VGP Amudha Nagar, Maduravoyal,Chennai-600095 And Having factory at Prasheetha Nagar, Seneerkuppam,Chennai-600056.

2. M/S.Sunil Kumar Mehta S/o.Mr.Kalyan singh Mehta, No.1, Dr. Muniappa Road, Kilpauk, Chennai-600010

3. Mrs.P.P.Malini W/o.Mr.P.J.Prabhakar, No.21, EVK Sampath Salai, Vepery, Chennai- 600007.

4. Mr.P.S.Sushil Kumar S/o.Mr.P.J.Prabhakar No.21, EVK Sampath Salai, Vepery, Chennai-600007.

5. Mr.Lalith Kumar S/o.Mr.Bansidhas Rathi, Jetpur, Gujarat

-4- ABDUL QUDDHOSE,J.

vsi

6. Mrs.Jayalakshmi W/o.C.H.Venkatewara Rao, No. 16, Brindavan Ave, Tambaram west, Chennai

7. Mrs.M.Santhini D/o.Chilukuri Venkateswara Rao No.9, Gajapathi Street, Shenoy Nagar, Chennai 600 030

8. Mrs.G.Sujini D/o.Chilukuri Venkateswara Rao No.22, First Floor, Sengunther Street, Shenoy Nagar, Chennai 600 030

9. Mrs.Nalini Sudhakar D/o.Chilukuri VenkateswaraRao, No.4, 1st Main Road, Audco Nagar, Kattupakkam, Chennai 600056 A.No. 6612 of 2024 12.02.2025