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2011 Supreme(Mad) 3540

R.BANUMATHI, V.PERIYA KARUPPIAH
C. G. Holdings Private Limited, rep. by its Director, Senniappa Gounder – Appellant
Versus
Ramasamy Athappan – Respondent


Advocates appeared:
For the Appearing Parties:Karthik Seshadri, J. Sivanandaraj, AR. L. Sundaresan, M/s. Aditya Bhat, V. Lakshminarayanan, C.S.K. Sathish, K.S. Sunder, T. Suresh, O.S. Karthikeyan, Advocates.

JUDGMENT :-

R. BANUMATHI,J.

1. Whether the single Judge was right in finding that the arbitration agreement has become inoperative and whether the single Judge was right in allowing the application - A.No.1236 of 2008 granting stay of arbitration proceedings are the points falling for consideration in O.S.A.Nos.2 to 5 of 2009, which arise out of the order dated 29.10.2008 made in O.A.No.277 of 2008 and Application Nos.1236, 2670 and 2671 of 2008 respectively in C.S.No.257 of 2008 on the file of this Court. The Order of the Company Law Board dated 3.8.2009 modifying its earlier order dated 13.8.2008 in C.P.Nos.65 and 76 of 2005 and issuing various directions in modification of its earlier order is under challenge in Company Appeal Nos.21, 25 to 27 and 29 of 2009.

2. The issues involved in these Original Side appeals and Company Appeals relate to the dispute pertaining to the Joint Venture Agreement dated 30.1.2004 in relation to the affairs of M/s.Cheran Enterprises Private Limited. Since common issues are involved in the Original Side Appeals and Company Appeals, all the appeals were heard together and shall stand disposed by this common judgment.

3. For convenience, the parties are













































































































































































































































































































































































































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