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2018 Supreme(Mad) 731

INDIRA BANERJEE, M.SUNDAR
Chettinad International Coal Terminal Private Limited, Represented by its Director V. Chandramoleeswaran – Appellant
Versus
Kamarajar Port Limited, Chennai – Respondent


Advocates Appeared:
For the Appellant :AL. Somayaji, SC for T. Balaji, Advocate.
For the Respondents:M. Ravindran, SC for Krishna Ravindran, Advocate.

JUDGMENT :

M. SUNDAR, J.

1. This intra-court appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'A and C Act' for the sake of brevity).

2. To be noted, memorandum of grounds of appeal states that this is an appeal under Order XXXVI Rule 9(1) of the Original Side Rules of the Madras High Court read with Clause 15 of the Letters Patent and the Arbitration and Conciliation Act, 1996, but no specific provision of A and C Act has been given. (To be noted Rule 9(1) is apparently a typographical error and there is no sub-rule (1) in the said Order XXXVI Rule 9).

3. We treat it as an appeal primarily under Section 37 of the A and C Act as the instant intra-court appeal is directed against an order dated 22.09.2015 made by a learned Single Judge of this Court in a petition under Section 34 of the A and C Act, being O.P.No.512 of 2014. The learned single Judge has dismissed O.P.No.512 of 2014, confirming an Award dated 29.7.2014 made by a three member Arbitral Tribunal. A perusal of the memorandum of grounds of Original Side Appeal in the instant intra-court appeal before us reveals that this appeal has been filed under Order XXXVI Rule 9 o
































































































































































































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