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2023 Supreme(Mad) 1353

RMT. TEEKAA RAMAN
P. Nachimuthu Gounder (Died) – Appellant
Versus
Terra Manufacturing & Sales, Proprietorship Concern, Through Late Nirmal Kanta Parmar, New Delhi – Respondent


Advocates appeared:
For the Appellants:P.R. Raman, Sr. Counsel, K. Myilsamy, Advocate. For the Respondents:R1, Sanjay Agnihotri, P.K. Rajesh Praveen Kumar, Advocates, R2, No Appearance.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Order 21 Rule 58(4) of the Code of Civil Procedure, to set aside the fair and decretal order dated 22.12.2021, passed in E.A.No.292 of 2014 in E.P.No.189 of 2014 on the file of the learned Principal District Judge at Tiruppur. This Civil Miscellaneous Appeal is filed under Order 21 Rule 58(4) r/w Order 43 Rule 1 of the Code of Civil Procedure, to set aside the fair and decretal order dated 22.12.2021, passed in E.A.No.206 of 2015 in E.P.No.189 of 2014 on the file of the learned Principal District Judge at Tiruppur.)

1. The third party objectors viz., legal heirs of late P.Nachimuthu Gounder, who filed E.A.No.292 of 2014 in E.P.No.189 of 2014, are the appellants in CMA No.805 of 2022.

2. One another E.A. i.e. E.A.No.206 of 2015 in E.P.No.189 of 2014, was filed by the third party objector viz., N.Ganesan and against the order passed in the said E.A., he has filed CMA No.813 of 2022.

3. Contesting 1st respondent has entered appearance.

4. The appellant herein N.Ganesan, is the Director of the Judgment Debtor Company. Arbitration proceedings have been initiated before the Delhi High Court, resulted in appointment of an Arbitra

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