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2017 Supreme(Mad) 2397

INDIRA BANERJEE, M.SUNDAR
Shinago Holdings Private Limited, Chennai – Appellant
Versus
M. Ethiraj – Respondent


Advocates Appeared:
For the Appellant : Mrs. Geetha Rajasekar
For the Respondent: Mr. R. Venkatavaradan

JUDGMENT :

M.SUNDAR, J.

This intra-court appeal is directed against an order dated 13.04.2017 made by a learned Single Judge on the Original Side of this court in two applications taken out under various sub sections of Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'A and C Act' for the sake of brevity).

2. Vide the aforesaid order dated 13.4.2017, which is a common order in two applications, learned Single Judge has granted interim measures sought for in both the applications under Section 9 of the A and C Act.

3. A perusal of the memorandum of grounds of Original Side Appeals in the instant intra-court appeal before us reveals that these appeals have been filed under Order XXXVI Rule 9 of the Original Side Rules of this Court read with Clause 15 of the Letters Patent. It is clearly impermissible, in the light of section 37 of the A and C Act and in the light of the elucidation on this aspect of the matter by the Hon'ble Supreme Court of India in Fuerst Day Lawson Limited Vs. Jindal Exports Limited [(2011) 8 SCC 333]. Therefore, without standing on technicalities, we treat this as appeals under Section 37 of the A and C Act, under Section 37(1)(b)





























































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