Satyam Automobiles Private Limited v. The Chairman Cum Managing Director, Mahindra And Mahindra Financialservices Ltd. And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2913 of 2018 ====================================================== Satyam Automobiles Private Limited Son of Kapildev Rai N.H. 31, Near Gyan Bharti School, P.O. District - Begusarai, at present Sri Krishna Nagar, Ward No. 7, Harrakh, Begusarai.

... ... Petitioner/s

Versus

1.

The Chairman Cum Managing Director, Mahindra and Mahindra Financialservices Ltd. and Anr 2.

Sanjay Agarwal, Advocate, B - 103, 1st Floor, Madhuwan Coop Housing Society, Near Telephone Exchang ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandan Kumar Kashyap, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 31-01-2023 Petitioner has prayed for the following relief(s): "For quashing the Impugned Award dated 14.09.2017, passed by Respondent No. 2 namely Sanjay Agarwal, Sole Arbitrator in Reference No.

Mahindra & Mahindra/SME/RB/4544/LOT-27/01 in which (A) petitioners were directed to pay jointly to the claimant i.e. Mahindra & Mahindra Financial Services Ltd. A sum of Rs.

1,19,83,947/= with further interest @ 18% per annum w.e.f. 3.5.2017 till the payment is received or recovered, (B) The claimant is further directed to deduct the amount from the

Patna High Court CWJC No.2913 of 2018(3) dt.31-01-2023 2/3 Award, if any, paid by the petitioners during arbitration proceeding, i.e. from the date of commencement till the date of Award and (c) The Lenders/claimants are also entitled to recovery from the petitioners a cost of Rs.10,000/+ which is Awarded for / toward all costs and expenses which may be borne or incurred by the claimant as the costs/expenses of Arbitral proceeding."

After the matter was heard for some time, finding the Court not in favour of the submissions made across the Bar, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.

Prayer allowed.

The petition is disposed of as withdrawn with the liberty aforesaid.

Liberty reserved to the petitioner to take recourse to such other remedies as are otherwise available in accordance with law.

It stands clarified that all issues of fact and law are

Patna High Court CWJC No.2913 of 2018(3) dt.31-01-2023 3/3 left open to be agitated before the competent authority. Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/DKS U