M/S.Ennore Port Ltd., v. M/S.Afcons Infrastructure Ltd.
Case brief
What is this about?
The High Court, Madras, disposed of a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, to set aside an arbitral award. The petition was closed due to a settlement agreement executed by the parties on 22.08.1997, which resolved the disputes inter se.
What did the court decide?
The original petition under Section 34 of the Arbitration and Conciliation Act, 1996 was closed in terms of the Settlement Agreement dated 22.08.1997. No order as to costs.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.07.2017
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
O.P. No.272 of 2010
M/s.Ennore Port Limited, P.T.Lee Chengalvaraya Naicker Maaligai (1 Floor), No.23, Rajaji Salai Chennai – 600 001. represented by its Director Co-operative A.Rajagopalan .. Petitioner -vs-
- M/s. Afcons Infrastructure Limited, No.16, Shah Industrial Estate, Veera Desai Road, Azad Nagar, P.O., Post Box No.11978, Andheri (West), Mumbai – 400 053. 2.S.Sankaramoorthy 3.A.Ananthakrishnan 4.V.G.Koshy .. Respondents
Prayer: Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 praying to set aside the Award dated 09.12.2006 and order dated 2005 and direct the first respondent to pay the liquidated damages of Rs.5.675 crores together with interest at 18% p.a. from the date 15.12.2000 till the date of payment to the petitioner for the delay in completion of Section 1 of the work and to direct the respondents to pay the costs of the proceedings to the petitioner.
Issues for consideration
2 issues framed by the court
Whether the original petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award needs to be disposed of considering the existence of a settlement agreement.
Effect of the Settlement Agreement dated 22.08.1997 on the pending arbitration petition.
Parties & counsel
- petitioner
M/s. Ennore Port Limited
- respondent
M/s. Afcons Infrastructure Limited
- respondent
S.Sankaramoorthy
- respondent
A.Ananthakrishnan
- respondent
V.G.Koshy
Case details
As recorded by the court registry
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