Madras High Court Weekly Round-Up: April 22 - April 28, 2024

Citations: 2024 LiveLaw (Mad) 166 To 2024 LiveLaw (Mad) 174 NOMINAL INDEX Sahayaraj V. M/s Shriram Transport Finance Company Ltd, CRP(MD) No. 576 of 2024, 2024 LiveLaw (Mad) 166 Rajesh Das v State, 2024 LiveLaw (Mad) 167 CM Raghavan v The Joint Director and others, 2024 LiveLaw (Mad) 168 M/s Colorhome Developers Pvt Ltd v. M/s Color Castle Owners Society, OSA(CAD) No. 113 of 2022, 2024 LiveLaw (Mad) 169 M/s Geojit Financial Services Ltd v. Mrs. Nalani Rajkumar, Original Side Appeal (CAD) No.51 of 2021, 2024 LiveLaw (Mad) 170 Mohmood Hussain v State, 2024 LiveLaw (Mad) 171 Kamatchi Shanker Arumugam v Tamil Nadu School Education Department and Others, 2024 LiveLaw (Mad) 172 S Sahana Priyanka and Others v State of Tamil Nadu, 2024 LiveLaw (Mad) 173 AP Studio Enterprises Versus The Assistant Commissioner (ST)(FAC), 2024 LiveLaw (Mad) 174 REPORT If Arbitration Award Not Challenged UnderSection 34, Can't Be Challenged At Execution: Madras High Court Case Title: Sahayaraj V. M/s Shriram Transport Finance Company Ltd, CRP(MD) No. 576 of 2024 Citation: 2024 LiveLaw (Mad) 166 The High Court of Madras at Madurai has held that an Executing Court cannot go behind an arbitration award and decides issues on merit of the award. The bench of Justice G. Ilangovan held that an arbitration award can only be challenged under Section 34 of the A&C Act and party failing to challenge the award therein cannot raise contentious issues on merit of the award before the executing court. The Court held that an Executing Court cannot go behind an arbitration award and decides issues on merit of the award. It held that Executing Court rightly refused to entertain those objections. “Degraded The Morale Of Police Force”: Madras High Court Dismisses Ex-DGP Rajesh Das's Plea To Suspend Sentence In Sexual Harassment Case Case Title: Rajesh Das v State Citation: 2024 LiveLaw (Mad) 167 The Madras High Court on Tuesday dismissed two applications moved by former special DGP of Tamil Nadu Rajesh Das, seeking suspension of sentence and exemption from surrendering in a sexual harassment case. While setting aside Das's plea for suspending the sentence pending consideration of the revision petition, Justice M Dhandapani observed that a person of Das's status, who was holding the post of Director General of Police ought to have conducted himself in a proper manner. The court also observed that the present case was unlike other routine cases since it involved allegations of a serious nature against a man, being higher in the hierarchy in the police department, for outraging the modesty of women folk. Madras High Court Dismisses Plea To Initiate PMLA Proceedings Against BJP And Congress Candidates In Tirunelveli Case Title: CM Raghavan v The Joint Director and others Citation: 2024 LiveLaw (Mad) 168 The Madras High Court has dismissed a plea filed by an independent candidate seeking action under the Prevention of Money Laundering Act against the BJP and Congress candidates in Tirunelveli, following seizure of money. A bench of Justice MS Ramesh and Justice Sunder Mohan dismissed the plea after noting that the offences alleged did not constitute scheduled offences warranting prosecution under the Act. A detailed order is expected soon. The petition was filed by one CM Raghavan, an independent candidate from Tirunelveli constituency seeking directions to the ED to register a case against Nainar Nagendran and Robert Bruce, BJP and Congress candidates respectively. When Plea Regarding Lack Of Jurisdiction Not Raised Before The Arbitrator, It Cannot Be Raised In Appeal: Madras High Court Case Title: M/s Colorhome Developers Pvt Ltd v. M/s Color Castle Owners Society, OSA(CAD) No. 113 of 2022 Citation: 2024 LiveLaw (Mad) 169 The High Court of Madras has held that a plea regarding lack of jurisdiction or invalidity of the appointment of the arbitrator must be raised before the arbitrator during the arbitral proceedings. It held that if such a plea is not taken at the first instance or, the Court in appeal cannot entertain such an objection. The bench of Justices R. Subramanian and R. Sakthivel also held that an objection regarding validity of the invocation of the arbitration dismissed by the Court under Section 11 cannot be raised again in appeal. Evidence Taken Behind The Back Of A Party After Completion Of Arguments, Madras High Court Sets Aside Arbitration Award Case Title: M/s Geojit Financial Services Ltd v. Mrs. Nalani Rajkumar, Original Side Appeal (CAD) No.51 of 2021 Citation: 2024 LiveLaw (Mad) 170 The High Court of Madras has held that an arbitration award based on an evidence taken on record after the completion of arguments and behind the back of a party would be liable to be set aside under Section 34 of the A&C Act. The bench of Justices R. Subramanian and R. Sakthivel...

Madras High Court Weekly Round-Up: April 22 - April 28, 2024

Upasana Sajeev

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