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A.Periyasamy vs C.Jayalakshmi

Madras High Court|08 November, 2017

JUDGMENT / ORDER

Seeking to set aside the award dated 26.11.2011, the present Original Petition has been filed.
2.The award has emanated from the spurious proceedings initiated by the sole Arbitrator against whom the proceedings have been initiated including under the Criminal Law. Suffice it to state, as fairly submitted by the learned counsel for the petitioner, the arbitration proceedings have been initiated by a person without authority. When that is the position, the original petition filed by the petitioner is not maintainable since he himself was the claimant. There is no need to exercise the power under Section 34 of the Arbitration and Conciliation Act as the claim itself is not maintainable.
3.In such view of the matter, the original petition stands dismissed. No costs.
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Title

A.Periyasamy vs C.Jayalakshmi

Court

Madras High Court

JudgmentDate
08 November, 2017