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2013 DIGILAW 1897 (MAD)

K. Rajendran v. Tamilnadu Industrial Development Corporation Ltd. [TIDCO], Rep By its General Manager & Secretary, Chennai

2013-06-04

M.JAICHANDREN, M.M.SUNDRESH

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JUDGMENT M. Jaichandren, J. 1. This Original Side Appeal has been filed against the order passed by the learned single Judge, dated 1.3.2013, in O.P.No.106 of 2013. 2. The order of the learned single Judge, dated 1.3.2013, reads as follows:- "That the petitioner herein shall pay to the first respondent herein a sum of Rs.20,00,000/- [Rupees twenty lakhs only] within a period of four weeks from this date [i.e.] on or before 29.03.2013. 2. That in default of paying the amount within time as mentioned in clause [1] supra the first respondent herein shall be at liberty to execute the award. 3. That the notice of this Original Petition returnable by 4 weeks from the date [i.e.] on or before 29/03/2013 be served on the respondent herein and private notice also be permitted. 4. That the O.P.No.106 of 2013 be posted on 01/04/2013." 3. From the order passed by the learned single Judge, dated 1.3.2013, it is noted that the appellant herein had been directed to pay the 1st respondent, a sum of Rs.20 lakhs, within a period of four weeks, i.e. on or before 29.3.013. It has also been ordered that in default of the payment of the said amount, within the period specified in the said order, the 1st respondent shall be at liberty to execute the Award in question. 4. The learned counsel appearing on behalf of the appellant had pointed out that, while passing the order, dated 1.3.2013, there was no application filed, under Section 9 of the Arbitration and Conciliation Act, 1996, in O.P.No.106 2013, which had been filed against the Award, dated 22.8.2012. Therefore, the learned single Judge had no power to direct the appellant to make the payment of Rs.20 lakhs to the 1st respondent, especially, when the Original Petition filed against the Award, dated 22.8.2012, was pending. 5. The learned counsel appearing on behalf of the 1st respondent had not refuted the submissions made by the learned counsel appearing on behalf of the appellant. 6. In such circumstances, the order of the learned single Judge, dated 1.3.2013, made in O.P.No.106 of 2013, is set aside. Accordingly, the present Original Side Appeal stands allowed. 5. The learned counsel appearing on behalf of the 1st respondent had not refuted the submissions made by the learned counsel appearing on behalf of the appellant. 6. In such circumstances, the order of the learned single Judge, dated 1.3.2013, made in O.P.No.106 of 2013, is set aside. Accordingly, the present Original Side Appeal stands allowed. However, it is made clear that it would be open to the first respondent to file an appropriate application, in O.P.No.106 of 2013, under Section 9 of the Arbitration and Conciliation Act, 1996, for obtaining necessary orders, if so advised, as per law. No costs. M.P.No.1 of 2013 is closed.