K.Gurunathan v. M/S.Shriram City Union Finance Ltd.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR K.Gurunathan ... Petitioner Vs.

1. M/s.Shriram City Union Finance Ltd., represented by its Authorized representative Madurai.

2. P.Natarajan ... Respondents Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to take the Ar.O.P.No.3105 of 2023 in Arb.Case.No. 33 of 2013 on the file of the learned Principal District Court, Madurai dated 18.08.2023, by allowing this civil revision petition. For Petitioner : Mr.A.Rajaram

ORDER

The Civil Revision Petition is directed against the order of return of the arbitration original petition filed under Section 34 of the Arbitration and Conciliation Act.

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2. It is seen from the records that the arbitration award came to be passed on 24.04.2015 in A.C.P.No.33 of 2013, that the revision petitioner has preferred a petition under Section 34 of the Arbitration and Conciliation Act before the Principal District Court, Madurai and that the same was returned raising query as to why the other respondents 1, 2 and 4 in the arbitration proceedings were not added in the present petition, that the petition has to be filed in the prescribed format and that the petitioner's signature does not find place.

3. The revision petitioner, without representing the petition by rectifying the defects pointed out by the Principal District Judge, has approached this Court directly seeking direction to the Principal District Court to take the petition on file.

4. Considering the above facts and circumstances, the impugned order of return cannot be found fault with. However, the revision petitioner is directed to represent the petition after rectifying the defects pointed out and on such representation, the learned Principal District Judge, Madurai is directed to take the petition on file, if it is otherwise in order and to proceed in accordance with law.

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5. With the above direction, this Civil Revision Petition is disposed of. No costs.

15.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm Note : Registry is directed to return the original papers to the revision petitioner, after getting necessary acknowledgments.

To

1. The Principal District Court, Madurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

csm Order made in C.R.P.(MD)No.

Dated : 15.11.2023 4/4