LAWS(MAD)-2019-3-450

MARUTHI APARTMENTS OWNERS Vs. K.V.NARASIMHAN

Decided On March 21, 2019
Maruthi Apartments Owners Appellant
V/S
K.V.Narasimhan Respondents

JUDGEMENT

(1.) Instant 'Original Petition' ('OP' for brevity) has been presented in this Court on 22.10.2018 assailing an 'arbitral award dated 04.02.2017' (hereinafter 'impugned award' for brevity) made by an 'Arbitral Tribunal' ('AT' for brevity) constituted by a sole arbitrator. To be noted, sole arbitrator is a retired District Judge.

(2.) Instant OP has been filed under Section 34 of A and C Act. Section 34 of A and C Act is under Chapter VII captioned 'RECOURSE AGAINST ARBITRAL AWARD' . A perusal of Section 34 of A and C Act reveals that recourse to a Court against an arbitral award may be made by an application. Section 34 itself is captioned 'Application for setting aside arbitral award'. Be that as it may, the nomenclature ' Original Petition' is being assigned by Registry to proceedings under Section 34 of A and C Act and therefore, I am referring to the instant proceedings as 'OP' for the sake of convenience and clarity.

(3.) Registry has placed a Maintainability Note before this Court, which reads as follows: