The High Court allowed the withdrawal of two original petitions filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, holding that the matters had been settled out of court.
The original petitions were allowed to stand closed as withdrawn/settled out of court.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 13th DAY OF JUNE 2022
THE HON'BLE MR. JUSTICE M.SUNDAR
O.P.No.541 of 2017
O.P.No.541 of 2017:-
In the matter of Arbitration & Conciliation Act, 1996 and In the matter of M/s Hiranandani Palace Gardens Pvt Ltd, M/s.Palace Gardens Chennai SEZ Pvt Ltd, M/s.Green Habitats Pvt Ltd., and M/s Evita Constructions Private Ltd.,
Smt.C.N.Parvatha Vardhini, W/o V.K.Jagannathan, Grass Land, Block-I, Flat – D 4, No.98, Mount Poonamallee High Road, Porur, Chennai 600 116.
... Petitioner
Vs.
1.M/s Hiranandani Palance Gardens Pvt Ltd, No.514, Dalamal Towers, Nariman Point, Mumbai – 400 021.
2.M/s Palace Gardens Chennai SEZ Pvt Ltd, No.514, Dalamal Towers, Nariman Point, Mumbai – 400 021. https://hcservices.ecourts.gov.in/hcservices/
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3.M/s Green Habitats Pvt Ltd, No.514, Dalamal Towers, Nariman Point, Mumbai – 400 021.
4.Evita Constructions Private Limited, No.514, Dalamal Towers, Nariman Point, Mumbai – 400 021. ... Respondents
Original Petition praying that this Hon'ble Court be pleased to
(i) Appoint an impartial and independent Arbitrator under the Arbitration Act 1996 and decide the claims detailed in paragraph 14 above.
(ii) Direct the respondents to pay the costs of this petition and the arbitration proceedings;
This Original Petition along with O.P.No.542 of 2017 coming on this day before this court for hearing in the presence of Mr.Youvaraj.K for Ms.S.Kala, Advocates for the Petitioner herein, and Mr.T.M.Mano for Mr.Sharath Chandran, Advocates for the 1st and 3rd respondents herein, and upon reading the petition filed herein, and the order herein dated 22.10.2018, and the counsel for the petitioner having submitted that the petitioner in captioned OP have instructed the counsel to withdraw the captioned OP as the same have been settled out of court, and also made an
https://hcservices.ecourts.gov.in/hcservices/ endorsement on the petition stating that May be permitted to withdraw, it
is ordered as follows:-
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That the O.P.No.541 of 2017 do stand closed as withdrawn/settled out
of court.
WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 13th DAY OF JUNE 2022.
ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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MU
20.06.2022
O.P.No.541 of 2017
ORDER:-
DATED: 13.06.2022
THE HON'BLE MR. JUSTICE
M.SUNDAR
FOR APPROVAL: 05.07.2022
APPROVED ON : 07.07.2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM
THE HON'BLE Mr.JUSTICE M.SUNDAR
O.P.No.541 & 542 of 2017
Smt.C.N.Parvatha Vardhini, W/o.V.K.Jagannathan,
... Petitioner in O.P.No.541 of 2017
...Petitioners in O.P.No.542 of 2017
Vs.
... Respondents in both OPs
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Prayer in O.P.No.541 of 2017: Original Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 to appoint an impartial and independent Arbitrator under the Arbitration Act, 1996 and decide the claims detailed in Paragraph 14 above; and direct the respondents to pay the costs of this petition and the arbitration proceedings.
Prayer in O.P.No.542 of 2017: Original Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 to appoint an impartial and independent Arbitrator under the Arbitration Act, 1996 and decide the claims detailed in Paragraph 13 above; and direct the respondents to pay the costs of this petition and the arbitration proceedings.
For Petitioners in both OPs : Mr.Youvaraj.K for Ms.S.Kala For Respondents in both OPs : Mr.T.M.Mano for Mr.Sharath Chandran for R1 and R3 ****
COMMON ORDER
Counsel for petitioners submit that the petitioners in both captioned
OPs have instructed the counsel to withdraw the captioned OPs as the same https://hcservices.ecourts.gov.in/hcservices/
have been settled out of Court. Communications in this regard have been
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filed before this Court and a scanned reproduction are as follows:
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endorsement in the case files, which read as follows:
3. In the light of the aforementioned narrative, captioned matters are
closed as withdrawn/settled out of Court.
Sd./-M.S.J. 13.06.2022
//Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether to allow the withdrawal of Original Petitions filed for appointment of an arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996.
1 provisions across 1 enactments
Smt. C.N. Parvatha Vardhini
M/s Hiranandani Palace Gardens Pvt Ltd
M/s Palace Gardens Chennai SEZ Pvt Ltd
M/s Green Habitats Pvt Ltd
Evita Constructions Private Limited
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
