Balamurugan v. M/S.Shriram Finance Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and C.M.P.No.5485 of 2025 Balamurugan .. Appellant -vs1. M/s.Shriram Finance Limited, (Formerly known as Shriram Transport Finance Co. Ltd.,) Rep. by its Authorised Representative, M.Nallendran, having registered office at 3rd Floor, No.14A, South Phase, Industrial Estate, Guindy, Chennai 600 032, And Branch Office at, No.143, Sudhiksan Arcade, Sankari Main Road, Opp. to Government Boys Higher Secondary School, Tiruchengode - 637 211.

2. Rasammal .. Respondent Prayer: Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996, against the Judgment dated 23.04.2024 passed in Arb. O.P.No.07 of 2023 on the file of Commercial Court, District Judge, Salem. For Appellant :

Mr.N.K.Arulmuruganandham for Mr.S.P.Yuaraj For Respondents :

Mr.Peer Mohammed for R-1 * * * * *

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice) Appellant as well as respondent No.1 are filing separate memos consenting for appointment of a fresh Arbitrator to decide the dispute between the parties. Appellant's memo and the memo of respondent No.1 are taken on record and marked as 'X' and 'X-1' respectively. Both the documents are hereby scanned and reproduced below:

2. Both counsels suggest that one C.Paraneetharan, Advocate, having his office at No.1, CHB Colony Street No.1, Tiruchengode 637 211, Namakkal District, Mob.No.: 98427 40101, be appointed as the Sole Arbitrator. The consent memo for appointment of the said Arbitrator is

taken on record and marked as 'X-2' for identification. The same is scanned and reproduced below:

3. Accordingly, the impugned order dated 23.04.2024 passed by the Commercial Court, District Judge, Salem, is hereby quashed and set aside. Consequently, the Arbitral Award dated 31.03.2023 is also quashed and set aside.

4. Mr.C.Paraneetharan, Advocate, having his office at No.1, CHB Colony Street No.1, Tiruchengode 637 211, Namakkal District, Mob.No.: 98427 40101, is appointed as the Sole Arbitrator to arbitrate all the disputes between the parties. The fees and administrative expenses of the Arbitrator shall be shared equally and shall be subject to costs in the arbitral proceedings. Within two weeks of receiving a copy of this order, the Arbitrator shall file a declaration under Section 11(8) read with 12(1) of the Arbitration and Conciliation Act, 1996, with the Advocates appearing for the parties directly and forward a copy thereof to the Registrar General of this Court to be placed in the file for completion of records. Appeal is, accordingly, disposed of. There shall be no order as to costs. Consequently, the interim application stands closed. (K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 10.03.2025 Index : Yes/No : Yes/No sra

The Hon'ble Chief Justice and Mohammed Shaffiq, J.

(sra) To

1. The Commercial Court, District Judge, Salem.

2. The Section Officer, V.R.Section, Original Side, Madras High Court, Chennai.

3. Mr.C.Paraneedharan, Advocate, No.1, CHB Colony Street No.1, Tiruchengoe 637 211, Namakkal District.

10.03.2025