MADRAS HIGH COURT
Honourable Mrs Justice R. THARANI
QUEEN MARY – Appellant
Versus
M/S.SHRIRAM TRANSPORT FINANCE COMPANY LIMITED – Respondent
CMP(MD)/4205/2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Monday, the Sixth day of June Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
C.M.P.(MD)Nos.4205 and 4208 of 2022
in
C.M.A(MD)Nos.476 and 477 of 2022
QUEEN MARRY
... PETITIONER / APPELLANT
IN BOTH THE PETITIONS
Vs
M/S.SHRIRAM TRANSPORT FINANCE COMPANY LIMITED,
REPRESENTED BY ITS POWER OF ATTORNEY
S.SURENDRAN
... RESPONDENT / RESPONDENT
IN BOTH THE PETITIONS
Prayer in CMP(MD). 4208/ 2022 in CMA(MD). 476/ 2022 :
Petition filed praying that in the circumstances stated therein
and in the affidavit filed therewith the High Court may be pleased
to stay the operation of the exparte interim award dated 18-09-2021
Passed in I.A.No.2 of 2021 in Arbitration Case No.130 of 2021
pending the disposal of the above Civil Miscellaneous Appeal.
Prayer in CMP(MD). 4208/ 2022 in CMA(MD). 477/ 2022 :
To stay the operation of the exparte interim award dated
28.08.2021 Passed in I.A.No.1 of 2021 in Arbitration Case No.130 of
2021 pending the disposal of the above Civil Miscellaneous Appeal.
Prayer in CMA(MD). 476/ 2022 :
Civil Miscellaneous Appeal filed under Section 37 of
Arbitration Conciliation Act, to set aside the ex parte award passed
by the sole arbitrator dated 18-09-2021 in I.A.No.2 of 2021 in
Arbitration Case No.130 of 2021.
Prayer in CMA(MD). 477/ 2022 :
Civil Miscellaneous Appeal filed under Section 37 of
Arbitration Conciliation Act, to set aside the exparte award passed
by the sole arbitrator dated 28-08-2021 in I.A.No.1 of 2021 in
Arbitration Case No.130 of 2021.
ORDER : These petitions coming up for orders on this day, upon
perusing the petitions and the affidavits filed in support thereof
and upon hearing the arguments of Mr.M.THEIVAKUMAR, Advocate for the
petitioner in both the petitions, While admitting the CMA’s, the
court made the following order:-
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https://hcservices.ecourts.gov.in/hcservices/
There shall be an order of Interim Stay on condition that the
petitioner/appellant deposits
50% of
the award amount with
proportionate interests and costs, awarded in I.A.Nos.1 and 2 of
2021 in Arbitration Case No.130 of 2021, on the file of the Arbitral
Tribunal, Tirunelveli, within a period of four weeks from the date
of receipt of a copy of this order, to the credit of I.A.Nos.1 and 2
of 2021 in Arbitration Case No.130 of 2021, on the file of the
Arbitral Tribunal, Tirunelveli, failing which, interim stay granted
shall stand automatically vacated.
2.For reporting compliance, call on 07.07.2022.
sd/-
06/06/2022
/ TRUE COPY /
08/06/2022
Sub-Assistant Registrar (C.S.)
Madurai Bench of Madras High Court,
Madurai - 625 023.
TO
THE ARBITRAL TRIBUNAL
TIRUNELVELI.
+2 CC to M/s.N.SEKAR, Advocate ( SR-5225, 5226[I] dated 07/06/2022 )
ORDER
IN
C.M.P.(MD)Nos.4205 and 4208 of 2022
in
C.M.A(MD)Nos.476 and 477 of 2022
Date :06/06/2022
pnn
MK/SVR/SAR.II/08.06.2022/2P/4C
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https://hcservices.ecourts.gov.in/hcservices/
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