Judgment · High Court
Case at a glance
Outcome
Dismissed
The application is dismissed
Provisions considered
Key paragraphs
- Para 44. Therefore, there is no merit in the application. The application is dismissed.
Judgment
A NO. 2896 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-01-2025CORAMTHE HONOURABLE MR JUSTICE P.B. BALAJIA NO. 2896 of 2024in arb.O.P.(Com. Div.)Dr.No.131188 of 2023V Rajendran8/84, Vanniyar street, Avanashi, Tiruppur Tamilnadu Applicant(s) VsCholamandalam Investment And Finance Company Limited(Formerly known as Cholamandalam DBS Finance Ltd.,) Dare House No.2, N.S.C Bose Road, Parrys, Chennai-600 001. branch office at D.No.16-1, 2nd Floor, S and S Arcade, Axis Bank Upstairs, Uthukuli Main Road, Tirupur-641 607. Respondent(s) For Applicant(s): M/s.R.N.AmarnathC.ThirumaranA.MaheshnathB.Arun KumarP.Rubin9381028070For Respondent(s): Mr.D.Pradeep Kumarfor respondent vakalat d.no.35327/20249884863343 https://www.mhc.tn.gov.in/judis ORDERThis application has been filed seeking to waive the condition imposed by an order dated 31.01.2024 and consequently direct the Registry to number Arb.O.P.(Com. Div.)Dr.No.131196 of 2023.
Heard the learned counsel for the parties. It is seen that Arbitration Original Petition is yet to be numbered and the Registry has raised the issue on maintainability on the ground of delay.
When the matters were listed before this Court for maintainability, this Court by order dated 31.01.2024 directed the petitioner to deposit a sum of Rs.5,00,000/-(Rupees Five Lakhs only) as a precondition to number the application filed under Section 34 of the Arbitration and Conciliation Act, 1996. The said order has become final and has not been challenged by the petitioner before the Division Bench. No application has also been filed for reviewing the order. Now, it is not open to the petitioner to seek waiver of the condition imposed by an order dated 31.01.2024, which was passed almost one year back. https://www.mhc.tn.gov.in/judis
Operative part
Therefore, there is no merit in the application. The application is dismissed.
Registry is directed to secure the original arbtiral records till further steps that may be taken by the parties.20-01-2025To1. Cholamandalam Investment And Finance Company Limited(Formerly known as Cholamandalam DBS Finance Ltd.,) Dare House No.2, N.S.C Bose Road, Parrys, Chennai-600001.branch office atD.No.16-1, 2nd Floor, S and S Arcade, Axis Bank Upstairs, Uthukuli Main Road, Tirupur-641 607. https://www.mhc.tn.gov.in/judis P.B.BALAJI,J.,srA NO. 2896 of 2024in arb.O.P.(Com. Div.)Dr.No.131188 of 202320.01.2025
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The application is dismissed
Which statutory provisions did this judgment involve?
Arbitration and Conciliation Act, 1996 — s. 34.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.