Madras High Court
CRP/4812/2026 of M/s Shriram Finance Limited Vs Ragupathi on 14 August 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :
C.R.P.No.4812 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2026
CORAM
THE HON’BLE MR.JUSTICE P.B. BALAJI
C.R.P.No.4812 of 2026
M/s.Shriram Finance Limited,
Rep by its Branch Manager Cum Authorized Signatory, Mr.R.Selvakumar, New No.27, Old No.42/1, Ram Prabha Tower, 1st Floor, Opp to Dhanam Store, Denkanikottai Main Road, Shanthi Nagar, Hosur, Krishnagiri - 635 109.
... Petitioners
Vs.
1. Mr.Ragupathi
2. Mr.Nagaraj
... Respondents
Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the return endorsement dated 07.04.2026 in E.P.SR.No.3482/2026 in Arbitration Case No.MAT 45/2022 on the file of the Additional District Court, Hosur, and direct the Executing Court to number the Execution Petition and proceed with the Execution in accordance with law.
For Petitioner : Mr.R.Nirmala
C.R.P.No.4812 of 2026
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ORDER
Heard the learned counsel for the petitioner.
2. The petitioner has filed an execution petition pursuant to an award in Arbitration Case No.MAT 45/2022 for recovery of a sum of Rs.17,95,592. The Executing Court returned the said execution petition at the numbering stage, citing the judgment of the Hon’ble Supreme Court in Bhadra International (India) Pvt. Ltd. & Ors v. Airports Authority of India (Civil Appeal Nos.37-38 of 2026), wherein the Hon’ble Supreme Court held that in a case of unilateral appointment of an arbitrator, the same can be challenged by invoking Section 34 of the Arbitration and Conciliation Act. The Honorable Supreme Court has not held that the Executing Court can deny the fruits of the award to the award-holder on the ground that the original appointment was unilateral in nature.
3. In fact, I have had occasion to deal with similar matters where I held that the Executing Court cannot go behind the award and question the appointment of the arbitrator as being unilateral. In such view of the matter, I am inclined to allow this C.R.P.
C.R.P.No.4812 of 2026
4. However, considering that the petitioner has not even complied with the return dated 07.04.2026, the matter shall be listed in open court, and the counsel for the petitioner is permitted to advance arguments on the maintainability of the execution petition. After hearing the counsel for the petitioner, the Executing Court shall pass further orders regarding the numbering of the E.P., and shall thereafter dispose of the same on merits in accordance with law.
5. This Civil Revision Petition is disposed of with the above directions. No costs. 14.08.2026 raja Neutral Citation : Yes / No To The Subordinate Court, Kangeyam
C.R.P.No.4812 of 2026 P.B.BALAJI
, J.
raja C.R.P.No.4812 of 2026 14.08.2026