M/S. Abhibus Services India Pvt. ... vs Pallavan Transport Consultancies ... on 5 January, 2021
130. The last but not the least, it is relevant to mention here,
regarding a decision of the learned Judge of this Court which was relied on
by the learned counsel for the appellants. The decision reported in 2020(5)
MLJ 198 (V.G.Santhosam and Ors. vs. Shanthi Gnanasekaran and Ors.)
wherein the learned Judge has clearly held by striking the right chord that
arbitral Tribunal cannot said to be enjoying inherent power as in the case of
the Courts. The learned Judge in para 101 of the judgment has also held that
there is no express or implied provision traceable to the Act conferring upon
the Tribunal such power to implead a third party. However while holding as
such, he also concluded that in the event of necessity for effective
adjudication of the dispute, an arbitrator has to follow the principle laid
Page No.268/277
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.408 of 2021 etc.
down by the Hon'ble Supreme Court in Chloro Controls India (P) Ltd. The
succinct findings of the learned Judge as found in paragraphs 99 to 102 are
extracted hereunder.