On the application for appointment of an arbitrator, the High Court closed the matter noting that the parties had amicably settled the dispute and terms of settlement were executed, rendering the application moot.
Application closed as the matter had been amicably settled by the parties; no 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.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
FRIDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE T.VINOD KUMAR
ARBITRATION APPLICATION NO. 39 OF 2019
Between:
ISTTM lndia Private Limited, Rep by lts Managing Director, Sri Suresh Naik Ramavath S/o Late Sri Harilal Ramavath, aged-36-years p6t No.6/2 jnO O7C, LeqhnqPearl, HUDATechnoEnclave,phase-ll, High Tech City, Madhapur, Hyderabad-500081
...PETITIONERI/APPLICANT
AND
1 Engineering Staff College of lndia, Autonomous Organ of The lnstitution of Engineers (lndia) Rep. by its Director, Brig.A.UmerFarook, VSM (Retd) Gachibowli, Hyderabad, ielangana State.
..,RESPONDENTS/RESPONDENTS
Application under Section 11 (5 & 6) of the Arbitration and conciliation Act, 1996 and scheme of Appointment of Arbitrator praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to appoint a sole Arbitrator to resolve the dispute raised by the applicant against the Respondents in accordance with the Arbitration clause of the agreement d|.27-04-2016, as the Respondents failed to appoint an arbitrator on their behalf, and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case.
This Application coming on for hearing, upon perusing the Application and affidavit filed in support thereof and upon hearing the arguments of sri N. Avaneesh, Advocate for the Petitioner and of Sri B. chinnapa Reddy, Advocate for the Respondent Nos.1 & 2.
The Court made the following: ORDER
/// {
THE HON'BLE SRI JUSTICE T. VINOD KUMAR ARBITRATION APPLICATION No. 39 of 2019
ORDER:
When the matter is taken up for hearing today, leamed counsel for petitioner as well as learned counsel appearing for respondents submits earlier as per the order of this Court dt.07 -01-2020, the matter is referred to the Mediation and Arbitration Centre, wherein the panies have arnicably settled matter and the terms of settlement dt. 19-0g -2021 have been executed. copy ol the said terms settlement is placed before this Courr and the same taken on record.
Further it is also submitted that in w.A.N o.34g of 2020, the petitioner also informed to the court that the matter had been amicably settled and the payments as agreed upon have been paid, and noting the same, the said writ Appeal was closed by this Court.
Since it is now stated by counsel on either side that the cause in the Arbitration Application no longer survives for adjudication, rhis Arbitration Application is closed. No costs.
//TRUE COPY//
SD/-K.SRINIVASA RAO JOINT REGISTRAR q,
SECTION OFFICER
To,
(Along with a Copy of Terms of Settlement) gbr
HIGH COURT
DATED:,,1911,,112021
ORDER
ARB.APPL.No.39 of 2019
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CLOSING THE APPLICATION
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S.No.sa60, D& : 26-06-2021, Rupees: I 0O/_ Sold ro: G. Ram Munhy
Slo. Lare. G. Irla llaiah, R /o. Hyd.
For whom: EngineerinBSraffCo egeof Indi4 Hyd
AB 596936 rl4sRrE;nEDDy *LicensedStampVendor,Lic No.l6{7-006of l99g R. L. No. 16-07-0l0 of20l9, H.No.5_2_436/A, Risata Abdullah, N.S. Road, Hyd, T.S. ph:246t5453.
8 TERMS OF SETTLEMENT
A
lnHpursuance of the pending disputes between both parties i.e. rsrrM rndia pvt Ltd relresented by Mr. suresh Naik and Mr. Rajesh Naik and its Directors & Engineering St6tf coleoe of rndia, (ESC|) represented by its Director Dr.G.Rameshwar Rao, both th6 parties arrived at sel ement on the following terms on the 19rh dav.qlAuglst Zp21
ga,"', 2021 and which is atso untit tne compieii"n .r iois-zr el,.t.'-'--
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Page No. 1
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Fagc No. 2
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(B) rt is made crear between the parties that the rsrrM sha, pursue the criminar case fired against umar Farooq and Narsimha n"o in iin ro. 615 0f 201g on the fite ofp.S Raidursam, Cvberabad and TSTTM ;;;";; remove rhe names of Dr.G.RameshwarRao,Dr.b.Nagabnuslanam ;J"r;;;. Reddy in FtR No. 6'15 of 20.19 as per the recommendation of NCST.
(C) ESCI shall also co-operate with ISTTM in closing thecase filed by Mr, UmarFarooq against TSTTM ,no it. airu"ior. in f,,J ""rr"ny as a director, ESC, vide CC No..140 of 2020 before *"-i".;oi" ivt Addt. Metropotitan Magistrate. Cyberabad at Rajendra Nagar as ,n" .r."lr 1 O"roid of any Merit,,.
12.Both parties mutually agreed not to spread any kind of bad feedback on each other, as the agreement is coming to an end.
ESCI
ISTTM
Dr. G. RameshwarRao, FIE Director
\A<* Mr. Suresh Naik Managing Director (9-
Mr. Rbjesh Naik
Witness 1 I' (St.a.Vaa Witness EN ,un,4,) ) 5 l.el",'l koilofuo.,
(s.tryol'K,t\tlt {ft')
Page No. 3
1 issue framed by the court
Whether the Arbitration Application survives for adjudication given the parties' post-filing settlement.
1 provisions across 1 enactments
ISTTM India Private Limited
Engineering Staff College of India
The Institution of Engineers (India)
T. Vinod Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
