Disposed

M/S. Randstad India Pvt. Ltd. v. M/S.Expat Projects and Development Pvt. Ltd.

Madras HC21 Jun 2022A/1531/2022

Case brief

AI extract

What is this about?

The High Court at Madras disposed of two applications filed by an applicant seeking refund of arbitrator fees and record of a settlement. The applications were withdrawn by the applicant as not pressed because the arbitrator agreed to pass the award within 20 days. The court permitted the withdrawal without costs.

What did the court decide?

Applications permitted to be withdrawn without any order as to costs.

M/S. Randstad India Pvt. Ltd. Vs M/S.Expat Projects and… — Arbitration | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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TUESDAY, THE 21ST DAY OF JUNE 2022

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THE HON'BLE MR. JUSTICE M.SUNDAR

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A. Nos.1531 and 1532 of 2022

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In the matter of Section 39 of the Arbitration and Conciliation Act, 1996

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and

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In the matter of Deputation Services Agreement dated 01.12.2012 entered into between the Applicant and the First Respondent.

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M/S. RANDSTAD INDIA PRIVATE LIMITED, Represented by its Head Legal and Regulatory Affairs and Authorized Representative, Mr. Tapos Moitra, "Randstad House" Old No. 5 and 5A, New No. 9, Pycrofts Garden Road, Chennai -600 006 ..Applicant

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..Applicant in both applications

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-Vs-

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M/S.EXPAT PROJECTS AND DEVELOPMENT PRIVATE LIMITED, Represented by its Chairman and Managing Director, Mr. Santosh Shetty, 3rd Floor, Tower Carlton, Tower No. 1, A Wing, Unit No. 301-314, No. 1, Old Airport Road, Bangalore – 560008. ..Respondent

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..Respondent in both applications

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https://hcservices.ecourts.gov.in/hcservices/

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/ 2 /

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2.MR. K.K.MURRALITHARAN Sole Arbitrator, Old No. 125, New No. 257, Canara Bank Building, 5th Floor, Room No. B, Angappa Naicken Street, Chennai-600 001 ..Arbitrator/Respondent in both applications

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A. Nos.1531/2022:

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Application praying that this Hon'ble Court be pleased to direct the Second Respondent to return and/or refund the Arbitrator's fee and expenses of Rs. 1,50,000/- paid by the Applicant to the extent determined as reasonable by this Hon'ble Court.

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A. Nos.1532/2022:

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Application praying that this Hon'ble Court be pleased to direct the Second Respondent to take on record the Memorandum of Settlement dated 14.12.2021 entered between the Applicant and the First Respondent and pass an Award in terms of Section 30 of the Arbitration and Conciliation Act, 1996, without insisting for payment of Arbitrator's fee and expenses from the First Respondent.

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These Applications are coming on this day before this court for https://hcservices.ecourts.gov.in/hcservices/ hearing the court made the following order:

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https://hcservices.ecourts.gov.in/hcservices/

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Mr.Chethan Sagar of M/s.Dua Associates [Law Firm], learned

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counsel on behalf of the applicant in both the captioned applications is before this Court. The second respondent viz., Mr.K.K.Murralitharan is present in the Court along with Mr.M.S.Krishnan, learned Senior Counsel.

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2.The second respondent very fairly submits that the Arbitral Award would be passed as expeditiously as possible and in any event within a period of 20 days from today viz., by 11.07.2022. Owing to this trajectory, learned counsel for the applicant submits that he is not pressing the captioned applications and he has also made an endorsement in the captioned applications which reads as follows:

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'The Applicant on instructions is not pressing the present

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application.'

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3.This trajectory therefore leaves us with a situation where the

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first respondent would not be affected in any manner by this application being filed and being withdrawn as not pressed. Therefore, this Court proceeds to permit the applicant to withdraw the captioned applications after recording the stated position of the second respondent.

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https://hcservices.ecourts.gov.in/hcservices/

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/ 4 /

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4.The captioned applications are disposed of in the aforesaid

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manner. There shall be no order as to costs.

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21.06.2022

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//Certified to be a true copy//

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Dated at Madras this the day of 2022.

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SU/05.07.2022 COURT OFFICER(O.S.)

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From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

M/S. Randstad India Pvt. Ltd. v. M/S.Expat Projects and Development Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/S. Randstad India Pvt. Ltd. v. M/S.Expat Projects and Development Pvt. Ltd.

Case brief

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What did the court decide?

What the court decided

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