The Hon'ble Court dismissed two original petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, as withdrawn by the parties after a settlement was reached out of court.
Petitions dismissed as withdrawn; no order as to costs.
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.Nos.161 of 2015 & O.P.No.626 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.12.2020
Coram
THE HONOURABLE MR. JUSTICE M.SUNDAR
O.P.Nos.161 of 2015
&
A.No.5731 of 2015
in O.P.No.161 of 2015
&
O.P.No.626 of 2016
O.P.Nos.161 of 2015
M/s.M.S.P.Coffee Curing Pvt. Ltd.,
Door No.370/2, Silver Shadows
Moganad Estate, Mangalam
Yercaud 636 602 ... Petitioner
vs.
1. M/s. Reliance Retail Ltd.,
9 th Floor, Makers Chambers IV
No.222, Nariman Point, Mumbai – 400 021
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O.P.Nos.161 of 2015 & O.P.No.626 of 2016
Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, to modify the award dated 22.09.2014 passed by the 3rd respondent with regard to the cost and interest for the period from 01/03/2008 to 22.09.2013 and award the cost of the arbitration proceedings and interest for the period from 01/03/2008 to 22/09/2013 at 18% on Rs.62,25,620/-.
For Petitioner : Mr.S.Sethuraman For Respondents : Mr.S.Raghunathan for R1 and R2 O.P.Nos.626 of 2016
Zonal office at
No.89-91, Dr.Radhakrishna Salai Mylapore, Chennai – 600 004
... Petitioner vs.
M/s.M.S.P.Coffee Curing Pvt. Ltd., Door No.370/2, Silver Shadows Moganad Estate, Mangalam Yercaud 636 602 ... Respondent
Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, to order and direct the Arbitrator Mr.Dakshinamoorthy, District Judge (Retd.,) to produce and file in this Hon'ble Court the entire records of the arbitration proceedings between the petitioner and the respondent which were conducted before him; that
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O.P.Nos.161 of 2015 & O.P.No.626 of 2016
this Court be pleased to exercise its powers under Section 34 of the Arbitration and Conciliation Act, 1996 and allow the present petition (and the objections raised therein), and set aside the impugned award dated 22nd September 2014 (Annexure P/1 hereto) to the extent that the same allows the claims (in part) made by the Respondent and rejects the petitioner's counter claim; that the respondent be ordered and directed to pay to the Petitioner the cost of the present proceedings and for grant of such other and further reliefs in favour of the Petitioners, as this Hon'ble Court may deem just and expedient in the facts and circumstances of the present case.
For Petitioner : Mr.S.Raghunathan For Respondent : Mr.S.Sethuraman ORDER Captioned 'Original Petitions' ('OPs' in plural and 'OP' in singular
for the sake of brevity) and the captioned application have been listed
under the cause list caption 'FOR REPORTING SETTLEMENT' today.
2. In this web-hearing on a video-conferencing platform i.e., virutal
hearing, Mr.S.Sethuraman, learned counsel on record for sole petitioner in O.P.No.161 of 2015 / applicant in A.No.5731 of 2015 and
Mr.S.Raghunathan, learned counsel on record for sole petitioner in O.P.No.626 of 2016 are before me. Both the aforementioned learned
counsel on record submit that captioned OPs have been settled out of 3/7
O.P.Nos.161 of 2015 & O.P.No.626 of 2016
Court and seek permission to withdraw their respective OPs and they
have filed withdrawal memos, which are as follows:
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3. Both the learned counsel submit that parties to captioned OPs and captioned application have no claims against each other. This common submission is recorded. Aforementioned both learned counsel also graciously submit that they are not seeking refund of Court fee as only a nominal Court fee has been paid in both captioned OPs and captioned application. In the light of aforementioned narrative, captioned OPs are dismissed as withdrawn. Consequently, captioned application being A.No.5731 of 2015 also stands dismissed as withdrawn. There shall be no order as to costs. 15.12.2020 Speaking order: Yes Index: No gpa
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O.P.Nos.161 of 2015 & O.P.No.626 of 2016
M.SUNDAR.J.,
gpa
O.P.Nos.161 of 2015 &
A.No.5731 of 2015
in O.P.No.161 of 2015 &
O.P.No.626 of 2016
15.12.2020
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M/s.M.S.P.Coffee Curing Pvt. Ltd.
M/s. Reliance Retail Ltd.
Dr.K.Dhakshinamoorthy District Judge (Retd)
M.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
