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2022 Supreme(Mad) 2769

P. T. ASHA
Daimler India Commercial Vehicles Pvt. Ltd. , Represented by its Authorised Signatory, Kancheepuram – Appellant
Versus
Sea land Infrastructure Pvt. Ltd, Rajkot – Respondent


Advocates appeared:
For the Petitioner:K. Harishankar, Advocate. For the Respondents:R1, Tirth Nayak, R2, S. Namasivayam, Advocates.

JUDGMENT

(Prayer: Appeal filed under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 to set aside the impugned order dated 01.04.2022 passed by the Hon'ble Sole Arbitrator in Arbitraion Case No.2 of 2021 on the file of the Hon'ble Sole Arbitrator.)

1. The third party to an Arbitration Agreement is the appellant before this Court challenging the order passed by the Arbitral Tribunal impleading the appellant herein as a party to the Arbitral proceedings initiated between the respondents herein.

2. Since there is a procedural irregularity, I do not intend to traverse into the intricate details of the dispute among the parties but I am just touching upon the facts which would be germane to disposing of this petition.

3. The 1st respondent herein had availed Financial Facilities from the 2nd respondent and had entered into a Working Capital Facility Agreement dated 27.07.2020 with the 2nd respondent. As per the terms of the said agreement any dispute between the parties under or in connection with the agreement was to be referred to the arbitration consisting of a sole Arbitrator to be appointed by the lender. It appears that the 1st respondent had defaulted in the payment of

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