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Madras High CourtWP(MD)/2184/2022dismissed

Vinothkumar v. The District Registrar

2022-02-03Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD).No.2184 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2022

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.2184 of 2022 Vinothkumar ... Petitioner Vs.

1.The District Registrar, District Registrar Office, Virudhunagar District, Virudhunagar.

2.The Sub Registrar, Sub Registrar Office, Kariyapatti, Virudhunagar District.

3.P.Natarajan, Sole Arbitrator, Thamilagam, Rajiv Gandhi Nagar, Ulaganeri, Madurai - 625 107.

4.R.Anandhkumar, Power Agent of M/s.Sriram Transport Finance Company Limited. 5.Saravanan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned attachment order in I.A.No.1 of 2020 in Arbitration No.Kep24/2020 dated 16.10.2020 passed by the third respondent on the petitioner's property comprised in Survey No.7/11 an extent 0.41.0 Ares of Punja land, situated at T.Veppankulam Village, Kariyapatti Sub Registration District, Virudhunagar District and quash the same as illegal and consequently direct the first and second respondents to cancel the registration No.7 of 2020 dated 22.10.2020 on the file of the second respondent.

For Petitioner : Mr.R.Murugan For R-1 and R-2 : Mr.N.Satheesh Kumar, Additional Government Pleader.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.2184 of 2022

ORDER

Mr.N.Satheesh Kumar, learned Additional Government Pleader, takes notice for the first and second respondents.

2. The Writ Petition questions an award of the Arbitral Tribunal passed on 16.10.2020. The said award had been passed under the Provisions of the Arbitration and Conciliation Act, 1996. The said Act provides for an appeal to be filed under Section 37. The said Act is an inbuilt Act and the Writ jurisdiction cannot be invoked questioning an award passed by an Arbitrator.

3. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Registrar, District Registrar Office, Virudhunagar District, Virudhunagar.

2.The Sub Registrar, Sub Registrar Office, Kariyapatti, Virudhunagar District.

+1 CC to M/s.SPL.GP ( SR-4196[F] dated 04/02/2022 ) W.P.(MD).No.2184 of 2022 03.02.2022 LM MS/15.02.2022/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2