Ranganath Raja v. Mahamood Mohamed Ilias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21/1/2025 C O R A M THE Hon'ble Mr.JUSTICE P.B.BALAJI Arbitration Application No.886 of 2024 Ranganath Raja S/o.Mr.Ranganath, 24/1 Lake View 14th Street, Ayyappa Nagar, Madipakkam, Chennai, 600 091 ...

Applicant Vs

1. Mahamood Mohamed Ilias Having Office at Plot NO.55, Romaa Majestic, Parivakkam, Poonamallee, Chennai 600 056.

2. Brand on Anything No.55 Romaa Majestic, Parivakkam Poonamallee Chennai 600 056.

...

Respondents For petitioner ...

Mr.B.Raghupathy For respondents ...

No appearance - - - - - 1/4

O R D E R

The learned counsel appearing for the applicant filed the instant application to direct the first respondent to provide the information/documents as requested in the legal notice dated 18/7/2023.

2. The applicant being one of the partners in the firm is not having any details with regard to the business of the firm and therefore, is not in a position to take a call as against the respondents. Unfortunately, the prayer sought for in the present petition is not maintainable under Section 9 of the Arbitration and Conciliation Act, which is intended only to provide interim measures for preserving the subject matter of the arbitration and also securing the amount in the dispute. However, unfortunately, in the present case, applicant is not even aware of the details of the property and is seeking for information from the respondents by way of the present Section 9 application. At this juncture, the learned counsel appearing for the applicant seeks permission of this Court to withdraw the Arbitration Application with liberty to move Section 9 Application as may be advised. 2/4

3. In view of the above, this Arbitration Application is dismissed as withdrawn. Liberty is granted to the applicant to move a petition under Section 9, as may be advised.

21/1/2025 mvs.

To

1. M/s.Shivpra Cranes Pvt. Limited Represented by its Director Mr.Ashish Kapoor, Unit III, 13 and 14, Phase V IDA, Cherlapally, Kapra (M) Medchal, Malakjigirl 500 051.

3/4

P.B.BALAJI,J mvs.

Arbitration Application No.886 of 2024 21/1/2025 4/4