SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2006 Supreme(Mad) 120

A.P.SHAH, PRABHA SRIDEVAN
Sundaram Finance Limited Rep. by the Assistant Manager – Appellant
Versus
M. K. Kurian & Another – Respondent


Advocates Appeared: For the Appellant :M.S. Krishnan, Advocate. For the Respondents: A.L. Somayaji, Senior Counsel as Amicus Curiae, R. Krishnasamy, Senior Counsel T.V. Ramanujan, Senior Counsel.

Judgment :-

(Prayer: Original Side Appeal filed under clause 15 of the Letters Patent against the order dated 18.11.2002 made in O.A.No.970 of 2001 on the file of this Court.)

Honourable The Chief Justice:

The only issue that arises for consideration in this appeal is, which is the principal civil court in respect of matters arising under the Arbitration and Conciliation Act, 1996 (‘Act’ for short) where the value of the subject matter is less than Rs.10 lakhs. The question is, whether the Madras High Court exercising ordinary original civil jurisdiction under the Letters Patent or the Principal Judge of the City Civil Court constituted under the Chennai City Civil Court Act, 1892, will exercise jurisdiction in respect of matters under the Act involving the value of not exceeding Rs.10 lakhs? In order to appreciate the issue raised before us, it is necessary to set out briefly the relevant facts that have given rise to this appeal.

2. An application was filed by the appellant against the respondents under Section 9 of the Act to grant an order of interim injunction restraining the respondents and their men from in any way alienating or encumbering the property belonging to the second









Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top