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2007 Supreme(Mad) 1542

S.MANIKUMAR
Srikumar Textiles (P) Ltd. , G1, Industrial Estate, Madurai-7 and Others – Appellant
Versus
Sundaram Finance Ltd. , No. 21, Pattulos Road, Chennai – Respondent


Advocates Appeared:
B. S. Gnanadesigan, for Appellant.
A. R. M. Ramesh, for Respondent.

Judgment :

S. MANIKUMAR, J.

The appeals are preferred against the orders, dismissing the petitions filed under Order 9Rule 9 read with Section 151 of Code of Civil Procedure, to restore the arbitration original petitions, which were dismissed for default, on 13.10.2004.

2. Since the appeals involve common question of law and facts, they are taken up together and disposed of by common judgment.

3. Brief facts leading to the appeals are as follows: The first appellant is an industrial Textiles Mill registered as a Private limited company under Indian Companies Act. The appellants 2 and 3, wife and husband are the Directors and Guarantors to the first appellant company. They borrowed money from Sundaram Finance Ltd., the respondent herein. On the applications filed by the finance company/respondent, the Arbitrator passed a common award. Aggrieved by the award, the appellants filed Arbitration original petitions before the Principal Sub Judge, Madurai under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) read with Section 151 of Code of Civil Procedure, to set aside the common award passed by the Arbitrator dated

4. On 13.10.2004, when th










































































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