During the pending petition under Section 34 of the Arbitration Act, parties settled to resolve the dispute through new arbitration. The court set aside the 2004 award and disposed of the petition based on the joint memo.
The arbitral award dated 20.10.2004 is set aside and the Original Petition is disposed of in terms of the joint memo dated 10.10.2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.P.No.97 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2019
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
O.P.No.97 of 2011
D.Nandhakumar ... Petitioner
vs.
1.H.Anraj (deceased)
2.V.Ramesh
3.A.Sushila Devi
4.Nirmal Gadhiya
5.Sita Bai
(Respondents 3 to 5 are brought on record as LR'S of deceased 1st respondent as per order dated 31.01.2018 in A.No.2339 of 2017 and time extended as per order dated 11.03.2019 in O.P.No.97 of 2011)
... Respondents
PRAYER : This Original petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 pleased to set aside the Arbitral Award
dated 20.10.2004 passed by the second respondent herein in Arbitration Case
No.1 of 2000.
For Petitioner : Mr.Gautam S.Raman For Respondents : Mr.S.Ramesh 3 to 5
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O.P.No.97 of 2011
SENTHILKUMAR RAMAMOORTHY,J
rna
O R D E R
While the Original Petition was pending, the parties entered into
negotiations and reached a settlement whereby the dispute is agreed to be resolved through denovo arbitration as per the terms and conditions set out in the joint memo dated 10.10.2019.
2.Accordingly, as a consequence of the settlement, the arbitral award dated 20.10.2004 is hereby set aside and this Original Petition is disposed of in terms of the said joint memo dated 10.10.2019, which shall form an integral part of the order. As agreed in the said joint memo, the arbitral tribunal is directed to complete the arbitration within the period of six months from the date of the first sitting, which sitting shall be held not later than one month
from the execution of the joint memo dated 10.10.2019.
04.11.2019
Index : Yes / No Internet : Yes / No rna
O.P.No.97 of 2011
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1 issue framed by the court
Whether an existing arbitral award should be set aside following a settlement between the parties for denovo arbitration.
1 provisions across 1 enactments
D.Nandhakumar
H.Anraj
V.Ramesh
A.Sushila Devi
Nirmal Gadhiya
Sita Bai
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
