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2013 Supreme(Mad) 4003

S.TAMILVANAN
H. J. Hansen Recycling Industry – Appellant
Versus
Shree Ganesh Steel Rolling Mills – Respondent


Advocate Appeared
For the Petitioner:R. Krishnamoorthy Senior Counsel for M/s. Anand, Abdul & Vinod Associates, Advocate.
For the Respondent:P.N. Prakash for M/s. V. Pushpa, Advocates.

JUDGMENT

1. This Civil Revision has been preferred under Article 227 of the Constitution of India, challenging the order, dated 20.02.2013 made in O.S.No.3905 of 2011 on the file of the V Assistant Judge, City Civil Court, Chennai.

2. The petitioner herein is the first defendant in the suit and the suit was filed by the first respondent / plaintiff, against the petitioner and the other respondents herein, seeking Judgment and Decree (a) declaring that the reference for arbitration by the second defendant at the behest of the first defendant vide Ref.No.17224/JHN, appointing the third defendant as arbitrator is illegal, unlawful, ab initio, null and void and not binding on the plaintiff (b) for consequential declaration that the third defendant is not empowered to proceed with the claim petition filed by the first defendant as it is illegal, ab initio, null and void.

3. In the aforesaid suit, I.A.No.7604 of 2011 was filed by the first respondent / plaintiff under Order 39 Rule 1 and 2 CPC, seeking interim injunction restraining the respondents / defendants therein, their men, servants, agents from in any manner proceeding with the arbitration proceeding initiated at the behest of the


























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