Petition under Section 34 to set aside an arbitral award was closed as the respondent submits the full amount was paid under a one-time settlement scheme and acknowledged. The connected application was also closed.
Petition and connected application closed as settled out of court due to full payment under a one-time settlement scheme.
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O.P.No.950 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 03.09.2019
CORAM
THE HONOURABLE Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
O.P.No.950 of 2017
and
A.No.7485 of 2017
1.Dolmen Engineers Pvt Ltd
Rep. by its Director Trevelyan Jacab,
No.6(57/6), Tass Industrial Estate,
Ambattur Industrial Estate,
Ambattur, Chennai-98.
2.Chitra
Director
No.1, Esm Nagar, 9th Cross Street,
Thirumullaivoyal,
Chennai-62.
3.Trevelyan Jacab
4.Santhakumari ... Petitioners
Vs.
1.M/s.Electronica Private Limited,
No.167, T.V.S. Colony,
Anna Nagar West Extension,
Chennai - 600 101.
2.N.Muthukumaran
Arbitrator & Advocate
Oriental Building, No.47,
2nd Floor, Armenian Street,
Chennai- 1. ... Respondents
1 of 3
O.P.No.950 of 2017
Prayer:- Original Petition is filed under Section 34 of Arbitration and Conciliation Act, 1996 to set aside the Arbitral Award passed by Sole Arbitrator, the 2nd respondent herein, dated 07.09.2017.
For Petitioner : No appearance For Respondents : Mr.D.Pradeep Kumar for R-1 O R D E R
The learned counsel appearing for the first respondent submits that
the entire amount due as per the one time settlement scheme was paid by the Petitioners and received by the first respondent. The first petitioner was present in person through its authorised representative and handed over a copy of a letter dated 26.08.2019 from the first respondent to the effect that the full amount has
been received as per the one time settlement scheme.
2.In view of the said submission and the document produced in
support of the payment towards full and final settlement as per the one time settlement scheme, this petition is closed as settled out of court. Consequently,
connected application is also closed.
03.09.2019
Speaking/Non Speaking order Index: Yes/No rrg
2 of 3
O.P.No.950 of 2017
SENTHILKUMAR RAMAMOORTHY, J.
rrg
O.P.No.950 of 2017
Dated: 03.09.2019
3 of 3
2 issues framed by the court
Whether the petition to set aside the arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 should be allowed since the amount has been settled out of court.
Whether the petitioners are discharged from liability when the full amount under the one-time settlement scheme is paid and acknowledged by the respondent.
1 provisions across 1 enactments
Dolmen Engineers Pvt Ltd
Chitra
Trevelyan Jacab
Santhakumari
M/s Electronica Private Limited
N.Muthukumaran
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
