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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY, J
Dodeja Electrical Engineers through its Proprietor, Mrs.Tanuja Panjwani – Appellant
Versus
Larsen and Toubro Limited – Respondent
| Table of Content |
|---|
| 1. background of petition, notice, and prior suit withdrawal. (Para 2 , 6 , 7) |
| 2. respondent's objection: suit bars arbitration without leave. (Para 3 , 4) |
| 3. prima facie arbitration agreement enforceable; defences for tribunal. (Para 5 , 8) |
| 4. arbitrator appointed; petition disposed. (Para 9) |
ORDER
Relying on clause 21 of the contract between the parties, the petitioner has applied for appointment of an arbitrator after issuing notice dated 22.11.2024 under Section 21 of the Arbitration and Conciliation Act, 1996 (The A & C Act).
2. Learned counsel for the petitioner invited my attention to the arbitration clause and to the Section 21 notice. He pointed out that such notice was replied to by the respondent on 14.01.2025 stating that the notice had been issued after the lapse of more than three years and that the cause of action does not survive.
3. Learned counsel for the respondent responded to these contentions by referring to the earlier suit filed by the petitioner before the District Judge, Commercial Court, Delhi in C.S.(Comm.) No.654 of 2024. Learned counsel points out that said suit was withdrawn by the petitioner herein/plaintiff therein without obtaining leave
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