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2002 Supreme(Mad) 368

E.PADMANABHAN
Mangayarkarasi Apparels Pvt. Ltd. – Appellant
Versus
Sundaram Finance Ltd. – Respondent


Advocates Appeared:
Mr.S.R.Rajagopal, Advocate for Petitioners. Mr.M.S.Krishnan, Advocate for Respondent.

Judgment :

1. This revision has been preferred under Article 227 of The Constitution of India against the order passed by the sole Arbitrator Mr.Y.K.Rajagopal, in the memo dated 25.9.2001 filed by the petitioner in Arbitration Case R.R/SF/1/2001 dated 21.12.2001.

2. The respondent has entered appearance through M/s.Sarvabhauman Associates.

3. It is the main contention of the respondent that apart from the merits, no revision is maintainable under Art.227 of The Constitution in respect of an order passed by the Arbitrator on a memo and that too in respect of a non statutory arbitration. The Arbitrator was appointed in terms of the Arbitration Clause contained in the Hire Purchase Agreement entered into between the petitioner and the respondent.

4. The factual matrix could be summarised briefly: The petitioner and the respondent entered into a hire purchase agreement dated 25.1.1996. As disputes have arisen, the respondent appointed Mr.Y.K.Rajagopal as the sole arbitrator in terms of the Hire Purchase Agreement dated 25.1.1996. The respondent filed a claim statement claiming that an award be passed directing the petitioner to pay the sum of Rs.6,56,03,729 jointly and severally toget








































































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