LAWS(MAD)-2013-2-121

R RAGHAVAN Vs. R VENKITAPATHY

Decided On February 27, 2013
R Raghavan Appellant
V/S
R Venkitapathy Respondents

JUDGEMENT

(1.) This Original Side Appeal has been filed against the order of the learned single Judge of this Court, dated 31.1.2013, made in Application No.99 of 2013, in C.S.No.748 of 2012.

(2.) Application No.99 of 2013, had been filed, under Order XIV Rule 8 of the Original Side Rules, read with Order VII Rule 11 of the Code of Civil Procedure, to reject the plaint, in C.S.No.748 of 2012, stating that it is barred under the provisions of the Arbitration and Conciliation Act, 1996.

(3.) The suit, in C.S.No.748 of 2012, had been filed for a declaration, to declare the order of the defendants 5 to 7 therein, the Arbitral Tribunal, dated 23.7.2012, as illegal and invalid in the eye of law. A consequential relief had also been prayed for, to declare the additional claim submitted by the defendants 1 to 4 therein, as void, as they are utra vires the provisions of the Arbitration and Conciliation Act, 1996. The plaintiff had also prayed for an order of permanent injunction restraining the defendants 5 to 7 from proceedings with the enquiry, pursuant to the order, dated 23.7.2012. Certain other reliefs had also been prayed for, by the plaintiff in the said suit.