LAWS(MAD)-2013-1-168

R.RAGHAVAN Vs. R.VENKITAPATHY

Decided On January 31, 2013
R.RAGHAVAN Appellant
V/S
R.KRISHNAMOORTHY Respondents

JUDGEMENT

(1.) APPLICATION No.99 of 2013 under Order XIV Rule 8 of O.S. Rules r/w Order 7 Rule 11 of C.P.C. has been filed to reject the plaint being barred under the Arbitration and Conciliation Act.

(2.) THE plaintiff/non applicant has filed a suit for declaration that the order of the defendant No.5 to 7 i.e. Arbitral Tribunal, dated 23.7.2012 is illegal and invalid with consequential relief to declare the additional claims submitted by the defendants 1 to 4 are void, ultra vires the Arbitration and Conciliation Act, 1996.

(3.) PENDING suit, this application has been filed by the defendant No.1, by pleading therein that the averments made in the plaint shows that suit has been filed to challenge the order of Arbitral Tribunal, dated 23.7.2012 with consequential relief arising out of the impugned order.