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Judgment
Serious allegations had been made with regard to the arbitral proceedings, in which, the petitioner herein had suffered an award. It is the case of the petitioner that there has been no agreement that had been entered into between the parties and also that no notice had been served upon her in the arbitral proceedings. But perusal of the arbitral proceedings would reveal that the petitioner herein, who is the respondent therein, had been represented by an Advocate by name Mr.R.Dhayalan.
It is the further claim that, based upon an award passed in the year December 2018, legal notice had been issued, to which a detailed reply had also been made as early as in July 2026, calling upon the respondents, particularly, the respondents 1 and 2, to furnish details of the arbitral proceedings and till date, no reply had been received from the respondents.
The petitioner would further submit that insolvency proceedings has been initiated under the IBC before the National Company Law Tribunal (NCLT), Chennai, wherein the respondents have made a claim based upon the Award, which causes apprehension that the award itself was a fraudulent award.
It is to be noted that an Award had came to be passed by a Retired District Judge and in that regard, to dispel the apprehensions raised, this Court is of the view that the learned Arbitrator could be called upon to produce the arbitral records before this Court.
Accordingly, Registry is directed to issue notice to Mr.C.Padmanabhan, District and Sessions Judge (Retd), No.51, Alagu Nagar, 2nd Cross, Civil Aerodrome Post, Sitra, Coimbatore – 641 014, through the learned Principal District Judge, Coimbatore, calling upon him to produce and secure the records in Arbitration Case No. 2 of 2018, in which an award had came to be passed by the Sole Arbitrator on 31.12.2018 and place the same before this Court for the hearing dated 15.09.2026.
Considering the fact that the learned Arbitrator has also recorded a finding of fact that, as per the terms of the agreement, the first meeting was held on 17.06.2018 at Chennai, a prima facie case had been made out with regard to the jurisdiction of this Court and limitation, as that would be subject to the records received from the learned Arbitrator.
In such view of the matter, Registry is also directed to number this Original Petition, which shall be subject to the maintainability as indicated above.
List the matter on 03.09.2026.