Jeyaram v. M/S.Shriram Transport Finance Company Limited,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Jeyaram ... Petitioner/ 1st Respondent Vs.

1. M/s.Shriram Transport Finance Company Limited, represented by its Product Executive and Power of attorney K.SasiKumar ... 1st Respondent/ Claimant

2. Murugan ... 2nd Respondent/ 2nd Respondent Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Arbitral Tribunal Kottaram District Judge (retd) to dispose the A.R.C.No.51 of 2022 within specified time as framed by this Court.

For Petitioner : Mr.K.P.Narayanakumar 1/4

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose the A.R.C.No.51 of 2022 pending on the file of the Arbitral Tribunal, Kottaram, within a specified time fixed by this Court.

2. I have heard the learned counsel appearing for the revision petitioner. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary.

3. The learned counsel appearing for the revision petitioner would submit that the first respondent has filed a claim petition before the Arbitral Tribunal in A.R.C.No.51 of 2022 and also filed a petition in I.A.No.1 of 2022 in A.R.C.No.51 of 2022 on 31.10.2022 seeking attachment of the property, that the revision petitioner has already filed a counter statement taking a stand that entire debt was already discharged, but the learned Arbitrator attached the property and that despite ordering the interim attachment, the Arbitral Tribunal is not proceeding with the main case and that the case has been adjourned continuously for filing of the proof affidavit.

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4. Considering the submission made by the learned counsel appearing for the revision petitioner and taking note of the fact that interim attachment was made on 31.10.2022, the Arbitral Tribunal, Kottaram is hereby directed to complete the enquiry in A.R.C.No.51 of 2022 and pass orders on merits and in accordance with law within a period of three months from the date of receipt of copy of this order.

5. With the above direction, the Civil Revision Petition is allowed. No costs.

09.10.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Arbitral Tribunal, Kottaram.

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 Dated : 09.10.2023 4/4