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2022 Supreme(Mad) 2695

M. DURAISWAMY, SUNDER MOHAN
Saravana Global Holding Ltd. , (Formerly known as Saravana Foundations Ltd. ), Chennai – Appellant
Versus
N. Jayamurugan – Respondent


Advocates appeared:
For the Appellant:K. Subramanian, Senior Counsel, S. Punniyakotti, Advocate. For the Respondent:A.R.L. Sundaresan, Senior Counsel, A.L. Gandhimathi, Advocate.

JUDGMENT

(Prayer: Original Side Appeal filed under Section 13(1A) of the Commercial Courts Act 2015 r/w Section 37 of the Arbitration and Conciliation Act 1996, to allow the O.S.Appeal and set aside the order in application No.2419 of 2021 in O.P.No.595 of 2019 dated 25.10.2021 on the file of this Court.)

Sunder Mohan, J.

1. Challenging the order dated 25.10.2021 made in Application No. 2419 of 2019, under Section 34 (4) of the Arbitration Act, the Appellant has preferred the above Original Side Appeal.

2. The dispute between the Appellant and the Respondent was referred to Arbitration and the Appellant suffered an award directing them to pay a sum of Rs.6,48,35,500/-(Rupees Six Crore, Forty Eight lakhs, Thirty five thousand and five hundred only) together with interest to the Respondent. The Appellant filed O.P.No.595 of 2019 under Section 34 of Arbitration Act for setting aside the award. They filed an application in the said O.P under Section 34(4) of the Arbitration Act stating that the learned Arbitrator had not taken into consideration certain vital materials, the award suffers from gaps in the reasoning which could be cured and hence, prayed for adjournment in O.P.No.595 of 2019

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