Dismissed

Cee Dee Yes Health Care Services Pvt. Ltd,Rep.by its Chairman and M.D., v. Sri Kauvery Medical Care India Ltd, Rep.by its Executive Chairman

Madras HC12 Jun 2024Arb O.P(COM.DIV.)/129/2024

Case brief

AI extract

What is this about?

The High Court dismissed an Arbitration Original Petition and an Arbitration Application as withdrawn by the parties who had amicably settled their dispute. The Court granted a refund of the full court fees paid by both parties under Section 89(2) of the CPC and Section 69A of the TN Court Fee Act.

What did the court decide?

Petition and Application dismissed as withdrawn; Registry directed to refund full court fees via negotiable instrument within four weeks.

Cee Dee Yes Health Care Services Pvt. Ltd,Rep.by its Chairman and… — Arbitration | Madras HC (2024)

¶1

Arb.O.P.(Com.Div.)No.129 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 12.06.2024

¶4

CORAM

¶5

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY

¶6

Arb.O.P.(Com.Div.)No.129 of 2024 and Arb.Appln.No.55 of 2023 & A.No.1639 of 2024

¶7

Cee Dee Yes Health Care Services Pvt. Ltd., Rep by its Chairman & M.D., Mr.C.DevadasaSundaram, #25, 2^nd Avenue, Indra Nagar, Chennai 600 020

¶8

... Petitioners

¶9

Vs.

¶10

Sri Kauvery Medical Care (India) Ltd., Rep by its Executive Chairman, Dr.S.Chandrakumar, #17A, Murrays Gate Road, Alwarpet, Chennai 600 018.

¶11

... Respondent

¶12

Arbitration Original Petition filed under Section 34(2) of the Arbitration and Conciliation Act, 1996 to set aside the award dated 03.03.2024 passed by the sole Arbitrator in its entirety and direct the respondent to pay the cost.

¶13

1/5

¶14

https://www.mhc.tn.gov.in/judis

¶15

Arb.O.P.(Com.Div.)No.129 of 2024

¶16

For Petitioner : Mr.M.K.Kabir, Senior counsel Mr.S.K.Mylavan For Respondent : Mr.Sashidhar Sivakumar

¶17

ORDER

¶18

This petition has been filed to set aside the Arbitral Award passed by

¶19

the learned Arbitrator dated 03.03.2024.

¶20

Mr.M.K.Kabir, learned Senior counsel for the Petitioner would

¶21

submit that the dispute between the parties has been amicably settled and hence, he seeks leave of this Court to withdraw this petition.

¶22

The learned counsel for the respondent had confirmed the above submission made by the petitioner. Further, since the matter has been amicably settled between the parties, he seeks leave of this Court to withdraw the application filed by the respondent in Arb.Appln.No.55 of 2023.

¶23

2/5

¶24

https://www.mhc.tn.gov.in/judis

¶25

Arb.O.P.(Com.Div.)No.129 of 2024

¶26

Both the learned counsel for the petitioner and the respondent pray for refund of full Court fee, which was paid by them in their respective petition and application, in view of Section 89(2) of CPC and Section 69A of the Tamil Nadu Court fee and Suit Valuation Act, 1955 and in view of decision of the Honourable Supreme Court reported in 2021 SCC Online SC 109 (The High Court of Judicature at Madras Vs. M.C.Subramaniam and others) .

¶27

In the light of the above said decision of the Honourable Supreme Court and Section 89(2) of CPC and Section 69A of the Tamil Nadu Court Fee and Suit Valuation Act, 1955, the petitioner and the respondent are entitled to refund of full Court fee, which was paid by them in their respective petition and application.

¶28

Accordingly, recording the submissions of the learned counsel for the petitioner and the respondent, this Arbitration Original Petition and the Arbitration Application in Arb.Appln.No.55 of 2023 are dismissed as withdrawn. Consequently, the connected application is also closed.

¶29

3/5

¶30

https://www.mhc.tn.gov.in/judis

¶31

Arb.O.P.(Com.Div.)No.129 of 2024

¶32

The Registry is directed to refund the full Court fee subject to all procedural formalities in this regard being complied with, by way of a negotiable instrument in favour of the learned counsel for the Petitioner (for Arb.O.P.(Com.Div.)No.129 of 2024) and the respondent (for Arb.Appln.No.55 of 2023), within a period of four weeks from the date of receipt of a copy of this order.

¶33

12.06.2024

¶34

Speaking/Non-speaking order Index : Yes / No Neutral Citation: Yes / No nsa

¶35

4/5

¶36

https://www.mhc.tn.gov.in/judis

¶37

Arb.O.P.(Com.Div.)No.129 of 2024

¶38

KRISHNAN RAMASAMY.J., nsa