JUDGMENT :

R.KALAIMATHI, J.

PRAYER: This Original Side Appeal is filed under Order XXXVI Rule 1 of Original Side Rules read with clause 15 of the Letters Patent against the Order and decreetal Order passed by this Court dated 22.11.2012 made in Arb.O.P.No.550 of 2010.

Appellant has preferred the present Original Side Appeal under Section 37 of the Arbitration and Conciliation Act, 1996, aggrieved by the order passed in Arb.O.P.No.550 of 2010, dated 22.11.2012.

2. For the sake of brevity, the appellant (Arignar Anna Sugar Mills) will be referred to as AASM. The first respondent (Thiru Arooran Sugars Limited) will be referred to as TASL. The second and third respondents will be referred to as per their litigative status.

3. The third respondent has been impleaded by this Court. The third respondent has taken over the business of the first respondent by a Scheme approved by the National Company Law Tribunal (NCLT- II), Chennai under Insolvency and Bankruptcy proceedings initiated against TASL.

4. The learned single Judge set aside the award passed by the second respondent dated 01.09.2009, by holding that Clause 9 of Memorandum of Understanding (MOU) dated 18.07.2006 is not an arbitration a