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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
Marg Limited – Appellant
Versus
PGA Trading and Services, Rep by Mr.Venkata Sheshan – Respondent
JUDGMENT :
S.SOUNTHAR, J.
This application has been filed challenging the order passed by the Sole Arbitrator in I.A.No.1 of 2025 in Arbitration O.P.Nos.147 and 148 of 2021.
2. The respondents 1 and 2 filed Arbitration claim petition against the appellant in Arbitration O.P.Nos147 and 148 of 2021, seeking recovery of money under a contract for supply of VRF and HVAC Systems Materials to appellant. It was the case of the appellant that it placed purchase order with respondents for supply of those materials for executing project of Hindustan Aeronautics Limited. It is stated that the respondent delivered the materials to the Hindustan Aeronautics Limited site directly. The Hindustan Aeronautics Limited complained that the quality of the material supplied was not in accordance with the contract and therefore, the appellant was forced to terminate the contract with the respondents. While the materials were still available in the site of Hindustan Aeronautics Limited, the respondents initiated arbitration claim seeking payment from the appellant. In these circumstances, the appellant filed the above said interlocutory application seeking impleadment of Hindustan Aeronautics Limited as a p
An application for impleadment in arbitration proceedings does not qualify as an interim measure under Section 17 of the Arbitration Act, making any appeal against its dismissal not maintainable.
The court may exercise jurisdiction under Section 9 of the Arbitration and Conciliation Act if the remedy under Section 17 is found to be inefficacious, particularly regarding third parties not party....
The court may exercise jurisdiction under Section 9 of the Arbitration and Conciliation Act if the remedy under Section 17 is found to be inefficacious.
The court ruled that interim relief under Section 17 of the Arbitration Act cannot effectively adjudicate final rights or impose substantial financial burdens without trial, emphasizing the importanc....
Point of law: When a suit or proceeding is not thrown out in limine but the Court receives it for consideration and disposal according to law, it must be regarded as entertaining the suit or proceedi....
The court clarified that once an application for interim relief under Section 9 of the Arbitration Act is entertained, it can proceed despite the constitution of an Arbitral Tribunal, unless the reme....
Not every procedural order by an Arbitral Tribunal constitutes an interim award; only orders that finally adjudicate substantive disputes qualify for challenge under Section 34 of the Arbitration and....
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