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2025 Supreme(Online)(Mad) 25529
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
Mahindra & Mahindra Financial Services Ltd. – Appellant
Versus
Alagu Meenakshi Agencies – Respondent
O.A. Nos.285 to 288 of 2025 | Arb. Apln. No.495 of 2025
For the Appellants/Petitioners: Mr.Avinash Wadhwani
For the Respondents: Ms.Ilayarani Ponraj
The court upholds the use of interim injunctions under the Arbitration and Conciliation Act when conventional injunction criteria are satisfied.
Headnote:The Arbitration and Conciliation Act allows for interim measures and the Court determined that the applicant met the standards for an injunction. The prima facie case and balance of convenience were established, leading to an absolute injunction being granted. The main issue addressed was about the respondents’ failure to respond in court, resulting in them being set ex-parte. The decision confirms the interim injunction while allowing the applicant to approach the Arbitrator for asset disclosure in the arbitration proceedings.
| Table of Content |
|---|
| 1. conditions for interim injunction met. (Para 1) |
| 2. court grants liberty for asset disclosure. (Para 2) |
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE O.A. Nos.285 to 288 of 2025 and Arb. Apln. No.495 of 2025 Mahindra & Mahindra Financial Services Ltd., Rep. by its Authorised Signatory, S. Deepika ... Applicant in all applications vs.
1. Alagu Meenakshi Agencies and 3 others .... Respondents in all applications For Applicant : Mr.Avinash Wadhwani -------
This Court by its order, dated 26.03.2025 granted an order of interim injunction as prayed for in O.A. No.285 to 288 of 2025, after observing that the applicant has made out a prima facie case and balance of convenience and irreperable hardship has also been established. Notice has been duly served on the respondents. On the last hearing date on 22.04.2025 Ms.Ilayarani Ponraj, learned counsel undertook to file vakalat on behalf of the respondents. However, till date, vakalat has not been filed by Ms.Ilayarani Ponraj. She has also failed to appear before this Court today. Hence, the respondents are set ex-parte by this Court and the interim injunction granted by this Court on 26.03.2025 in O.A. Nos.285 to 288 of 2025 is made absolute and O.A. Nos.285 to 288 of
2025 are allowed as prayed for.
2. Arb. Appln. No.495 of 2025 has been filed seeking for a direction to the respondents to file the affidavit of assets pending disposal of the arbitration proceedings. Since the applicant has been granted an order of interim injunction in O.A. Nos.285 to 288 of 2025, this Court is granting liberty to the applicant to approach the Arbitrator and seek directions to the respondents for filing of affidavit of assets as prayed for in Arb. Appln. No.495 of 2025. Accordingly Arb. Appln. No.495 of 2025 is closed. However, liberty is granted to the applicant to approach the Arbitrator once an Arbitrator is appointed under Section 17 of the Arbitration and Conciliation Act seeking for disclosure of assets of the respondents.
