Madras High CourtCMP(MD)/4205/2022allowed

Queen Mary v. M/S.Shriram Transport Finance Company Limited

2022-06-06Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Sixth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI C.M.P.(MD)Nos.4205 and 4208 of 2022 in C.M.A(MD)Nos.476 and 477 of 2022 QUEEN MARRY ... PETITIONER / APPELLANT IN BOTH THE PETITIONS Vs M/S.SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, REPRESENTED BY ITS POWER OF ATTORNEY S.SURENDRAN ... RESPONDENT / RESPONDENT IN BOTH THE PETITIONS Prayer in CMP(MD). 4208/ 2022 in CMA(MD). 476/ 2022 : Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to stay the operation of the exparte interim award dated 18-09-2021 Passed in I.A.No.2 of 2021 in Arbitration Case No.130 of 2021 pending the disposal of the above Civil Miscellaneous Appeal.

Prayer in CMP(MD). 4208/ 2022 in CMA(MD). 477/ 2022 : To stay the operation of the exparte interim award dated 28.08.2021 Passed in I.A.No.1 of 2021 in Arbitration Case No.130 of 2021 pending the disposal of the above Civil Miscellaneous Appeal. Prayer in CMA(MD).

Civil Miscellaneous Appeal filed under Section 37 of Arbitration Conciliation Act, to set aside the ex parte award passed by the sole arbitrator dated 18-09-2021 in I.A.No.2 of 2021 in Arbitration Case No.130 of 2021.

Prayer in CMA(MD). 477/ 2022 :

Civil Miscellaneous Appeal filed under Section 37 of Arbitration Conciliation Act, to set aside the exparte award passed by the sole arbitrator dated 28-08-2021 in I.A.No.1 of 2021 in Arbitration Case No.130 of 2021.

ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.M.THEIVAKUMAR, Advocate for the petitioner in both the petitions, While admitting the CMA's, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

There shall be an order of Interim Stay on condition that the petitioner/appellant deposits 50% of the award amount with proportionate interests and costs, awarded in I.A.Nos.1 and 2 of 2021 in Arbitration Case No.130 of 2021, on the file of the Arbitral Tribunal, Tirunelveli, within a period of four weeks from the date of receipt of a copy of this order, to the credit of I.A.Nos.1 and 2 of 2021 in Arbitration Case No.130 of 2021, on the file of the Arbitral Tribunal, Tirunelveli, failing which, interim stay granted shall stand automatically vacated.

2.For reporting compliance, call on 07.07.2022. sd/- 06/06/2022 / TRUE COPY / 08/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ARBITRAL TRIBUNAL TIRUNELVELI.

+2 CC to M/s.N.SEKAR, Advocate ( SR-5225, 5226[I] dated 07/06/2022 )

ORDER

IN C.M.P.(MD)Nos.4205 and 4208 of 2022 in C.M.A(MD)Nos.476 and 477 of 2022 Date :06/06/2022 pnn MK/SVR/SAR.II/08.06.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2