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IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on 04.09.2018

Delivered on : 04.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN

C.M.A.Nos.1577, 1578/2018 & 3120 & 3121 of 2017 and

CMP.Nos.12525 & 12526 of 2018 and

CMP.Nos.19135, 19136, 19137 & 19138 of 2017

CMA.No.1577 of 2018

1.S.Tarabai

2.C.Kalyan

3.M/s.Perfect Windows Systems,

Survey No.88/1 & 88/2, Aruvathamman Road,

Kolappancheri, Poonamallee,

Chennai-600 072.

...

Appellants

Vs

K.Jayanthi

...

Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 37 of the

Arbitration & Conciliation Act, 1996, against the order passed in

Application No.2 of 2017 in an arbitral proceedings arising out of

Application No.5034 of 2016 in O.P.No.660 of 2015 pending on the file

of the learned Sole Arbitrator Mr.Yashodvaradhan.

CMA.No.1578 of 2018

1.S.Tarabai

2.C.Kalyan

http://www.judis.nic.in

2

3.M/s.German Lite Weight Blocks,

Survey No.88/1 & 88/2, Aruvathamman Road,

Kolappancheri, Poonamallee,

Chennai-600 072.

...

Appellants

Vs

A.Kannan

...

Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 37 of the

Arbitration & Conciliation Act, 1996, against the order passed in

Application No.2 of 2017 in an arbitral proceedings arising out of

Application No.5065 of 2016 in O.P.No.703 of 2015 pending on the file

of the learned Sole Arbitrator Mr.Yashodvaradhan.

CMA.No.3120 of 2017

K.Jayanthi

...

Appellant

Vs

1.S.Tarabai

2.C.Kalyan

3.M/s.Perfect Windows Systems,

Survey No.88/1 & 88/2, Aruvathamman Road,

Kolappancheri, Poonamallee,

Chennai-600 072.

...

Respondents

Prayer: Civil Miscellaneous Appeal filed under Section 37 of the

Arbitration & Conciliation Act, 1996, against the order passed in

Application No.1 of 2017 in an arbitral proceedings arising out of

Application No.5034 of 2016 in O.P.No.660 of 2015 pending on the file

of the learned Sole Arbitrator Mr.Yashodvaradhan.

http://www.judis.nic.in

3

CMA.No.3121 of 2017

1.S.Tarabai

2.C.Kalyan

3.M/s.German Lite Weight Blocks,

Survey No.88/1 & 88/2, Aruvathamman Road,

Kolappancheri, Poonamallee,

Chennai-600 072.

...

Appellants

Vs

A.Kannan

...

Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 37 of the

Arbitration & Conciliation Act, 1996, against the order passed in

Application No.1 of 2017 in an arbitral proceedings arising out of

Application No.5065 of 2016 in O.P.No.703 of 2015 pending on the file

of the learned Sole Arbitrator Mr.Yashodvaradhan.

(In all the CMAs)

For Appellants

:

Mr.A.Palaniappan

For Respondents :

No Appearance

COMMON JUDGMENT

C.M.A.No.1577 of 2018 has been filed under Section 37 of the

Arbitration and Conciliation Act, 1996 (for brevity, “the Act”)

assailing the order dated 20.4.2018 passed in Application No.2 of

2017 in arbitral proceedings arising out of A.No.5034 of 2016 in

O.P.No.660 of 2015 by the learned Arbitrator.

http://www.judis.nic.in

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2. C.M.A.No.1578 of 2018 has been filed under Section 37 of

the Arbitration and Conciliation Act, 1996 (for brevity, “the Act”)

assailing the order dated 20.4.2018 passed in Application No.2 of

2017 in arbitral proceedings arising out of A.No.5065 of 2016 in

O.P.No.703 of 2015 by the learned Arbitrator.

3. C.M.A.No.3120 of 2017 has been filed by the appellants

challenging the order dated 17.8.2017 passed in Application No.1 of

2017 in Application No.5034 of 2016 in O.P.No.660 of 2015, by

which the respondent/claimant was permitted to amend the

statement of claim to include the prayer for a declaration that the

retirement deed and memorandum of understanding dated

15.5.2014 are null and void and not binding on the

respondent/claimant.

4. C.M.A.No.3121 of 2017 has been filed by the appellants

challenging the order dated 17.8.2017 passed in Application

No.1/2017 in Application No.5065 of 2016 in O.P.No.703 of 2015 by

whic