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2018 DAILYLAW 4870 (MAD)

G KHAISAR ABRAR v. M S SAAGAR FOUNDATIONS PVT LTD

A/2018/2026 · 2026-07-22

K Kumaresh Babu

Transfer Petitionbody2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A No. 2018 of 2026 __________ Page1 of 3 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU A No. 2018 of 2026 in O.A.No.406 of 2026 1. G Khaisar Abrar S/o.G.Rafeeq Ahmed 2. I Sadhiya Banu W/o.G.Khaisar Abrar ..Applicants Vs 1. M S Saagar Foundations Pvt Ltd Rep.by its Managing Director R.Krishnamurthy, No.1, Wheat Craft Road Gee Gee Plaza First Floor Nungambakkam Chennai 600 034. 2. D Shankar S/o.N.Dhorai Pandiyan ..Respondents Application filed under Order XIV Rule 8 of O.S.Rules read with Section 9(1)(e) of the Arbitration and Conciliation Act, 1996, to Reopen O.A.No.406 of 2024. For Applicants : Mr.P.V.Balasubramaniam, Senior Counsel for Mr.Mahes Kumar For Respondents : Mr.J.Pothiraj ORDER This application has been filed to reopen O.A.No.406 of 2024. https://www.mhc.tn.gov.in/judis A No. 2018 of 2026 __________ Page2 of 3 2. By an order dated 02.01.2026, the impleading application filed by the applicant herein was ordered, however, the necessary amendments had not been carried out in the main Original Application. Without noting the same, by order dated 25.02.2025, this court vacating the order of interim injunction as the mandatory compliance of Section 9(2) of the Arbitration and Conciliation Act, 1996, had not been complied with, however, gave liberty to the respective parties to agitate their right before the Arbitral Tribunal, disposed the application. 3. It is to be noted that the order in impleading application had been challenged by way of an intra-court appeal in O.S.A.No.173 of 2025 and the same had been dismissed, in view of dismissal of O.A.No.406 of 2026 vide order dated 27.06.2025, which is sought to be revoked in the present application. 4. Even though the 1st respondent had vehemently opposed the instant application in view of the facts narrated above, particularly the Original Application being disposed of without hearing the applicant, who had been impleaded as a party respondent, this Court recalls the order dated 25.02.2025 and the Original Application in O.A.No.406 of 2024 shall stands restored. List the same for hearing on 04.08.2026. 22-07-2026 Index: Yes/No https://www.mhc.tn.gov.in/judis A No. 2018 of 2026 __________ Page3 of 3 Speaking/Non-speaking order mp K.KUMARESH BABU J. mp A No. 2018 of 2026 in O.A.No.406 of 2024 22-07-2026 https://www.mhc.tn.gov.in/judis