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2021 Supreme(Mad) 1816

ABDUL QUDDHOSE
P. Krishnan – Appellant
Versus
M. Ramachandran – Respondent


Advocates Appeared:
For the Petitioner: V. Raghavachari, Abhinav Parthasarathy.
For the Respondents: P.H. Arvindh Pandian, Senior counsel, D. Srinivasaraghavan.

JUDGMENT :

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the arbitral award in ACP (MR & PK) 1 of 2019 dated 15.07.2021 on the file of the Sole Arbitrator, Mr. Inbavijayan, Advocate.)

This civil revision petition has been filed under Article 227 of the Constitution of India on the ground that without there being an arbitration agreement, the second respondent Arbitrator has exercised jurisdiction under a memorandum of understanding allegedly entered into between the petitioner and the first respondent on 28.12.2017.

2. It is the case of the petitioner that there is no arbitration clause under the aforementioned memorandum of understanding dated 28.12.2017 and despite the same, the second respondent has acted without authority as an Arbitrator to adjudicate disputes under the memorandum of understanding. This civil revision petition has been filed also aggrieved by the impugned arbitral award dated 15.07.2021 passed by the second respondent Arbitrator in favour of the first respondent against the petitioner directing him to pay the following:

(a) The amount of excess amount drawn by Respondent beyond his share (41.8%) = Rs.2,39,40,980/-;

(b

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