Madras High Court Weekly Round-Up: April 24 To April 30

A weekly round-up of important cases from the Madras High Court: Citations: 2023 LiveLaw (Mad) 126 To 2023 LiveLaw (Mad) 132 NOMINAL INDEX XYZ and others v. Kalakshetra Foundation and others, 2023 LiveLaw (Mad) 126 P. Cheran vs M/s Gemini Industries & Imaging Limited, 2023 LiveLaw (Mad) 127 Matrimony.Com Ltd v Alphabet Inc and others, 2023 LiveLaw (Mad) 128 Advantage Strategic Consulting Singapore Private Limited v. Dr. Subramanian Swamy and another, 2023 LiveLaw (Mad) 129 Ziyavudeen Baqavi v. The Union of India, 2023 LiveLaw (Mad) 130 Annadurai v Jaya, 2023 LiveLaw (Mad) 131 Vasuki v The Secretary to Government and Others, 2023 LiveLaw (Mad) 132 REPORTS Kalakshetra Row | Madras High Court Directs Foundation To Frame Policy Against Sexual Harassment, Constitute Complaints Committee In Schools Run By It Case Title: XYZ and others v. Kalakshetra Foundation and others Citation: 2023 LiveLaw (Mad) 126 The Madras High Court has directed the Kalakshetra Foundation to frame a policy against sexual harassment and to constitute a Complaints Committee with respect to its schools, both under the CBSE and the State Board. The court also directed the foundation to submit the profiles of the members that are presently part of the Internal Complaints Committee (ICC) constituted by the foundation on April 3. The court further added that the interim protection that was granted to the students against any coercive action by the management for talking about the assault or participating in the Dharna, would also be applicable to the faculty members who came in support of the students. Party Is Entitled To Challenge Appointment Of Arbitrator In Violation Of Arbitration Act, At Any Stage: Madras High Court Case Title: P. Cheran vs M/s Gemini Industries & Imaging Limited Citation: 2023 LiveLaw (Mad) 127 The Madras High Court has ruled that a party is entitled to challenge the appointment of the Arbitrator at any stage, if there is any violation of the provisions of the Arbitration and Conciliation Act, 1996 (A&C Act). The court remarked that even if the award debtor had participated in the arbitral proceedings or, after having knowledge of the appointment of the sole Arbitrator, had failed to challenge the said appointment in terms of Section 13, the same would not deprive him of the right to challenge the said appointment under Section 34 for violation of the provisions of Section 12(5) of the A&C Act. The bench of Justice Krishnan Ramasamy held that when the very appointment of the Arbitrator unilaterally, is improper and impermissible by virtue of Section 12(5), the arbitration proceedings are liable to be vitiated from the stage of the appointment of the Arbitrator. Further, a decision by an authority having no jurisdiction is non est in law and its invalidity can be set up whenever it is sought to be acted upon. Madras High Court Restrains Google From Delisting Bharat Matrimony App From Play Store Over Failure To Accept New Payment Policy Case Title: Matrimony.Com Ltd v Alphabet Inc and others Citation: 2023 LiveLaw (Mad) 128 The Madras High Court has temporarily restrained Google from delisting the mobile applications of Matrimony.com Ltd, the parent company of Bharath Matrimony from its Google Play Store. Justice S Sounthar has passed the interim order in a suit filed by Matrimony.com challenging the new payment policy of Google. Matrimony.Com had sought an injunction restraining Alphabet Inc and other subsidiaries of Google from removing/delisting its matchmaking app from the Google Play Store for its refusal to accept Google's new payment policy. Finding a balance of convenience in favor of Matrimony.com, the court has granted the interim order till June 1. Madras High Court Allows Foreign Company To Proceed With Defamation Suit Against Subramanian Swamy In Singapore Court Case Title: Advantage Strategic Consulting Singapore Private Limited v. Dr. Subramanian Swamy and another Citation: 2023 LiveLaw (Mad) 129 The Madras High Court recently set aside a single judge order restraining Advantage Strategic Consulting Singapore Private Limited from proceeding with a defamation suit against former MP Dr. Subramaniam Swamy in the High Court of Singapore. The division bench of Justice SS Sundar and Justice PB Balaji noted that the single judge had erred in holding that the company, incorporated and carrying out its operations in Singapore, was amenable to the jurisdiction of the Indian court as it was the subsidiary of an Indian company (which was one of the defendants in the suit by Swamy). Trial Court Erred In Relying On Wikipedia, Has To Consider Matter Afresh: Madras High Court Sets Aside NIA Court's Order Rejecting Discharge Plea Case Title: Ziyavudeen Baqavi v. The Union of India Citation: 2023 LiveLaw (Mad) 130 While setting aside an NIA Court's order ...

Madras High Court Weekly Round-Up: April 24 To April 30

Upasana Sajeev

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