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2022 Supreme(Online)(MAD) 15003

HIGH COURT OF MADRAS
THE HONOURABLE MS. JUSTICE P.T.ASHA
Daimler India Commercial Veh – Appellant
Versus
Sea Land Infrastructure Pvt. – Respondent


JUDGEMENT

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 the dues which prompted the 2nd respondent to issue a loan recall notice dated 26.02.2021 calling upon the 1st respondent to repay the sum of Rs.31,49,78,942.65 [Rupees Thirty-One Crores Forty Nine Lakhs Seventy Eight Thousand Nine Hundred Forty Two and pa

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