M/S. Vijetha Earthing Systems v. M/S. G.E. India Exports Pvt. Ltd.,

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE SMT. JUSTICE T. RAJANI CIVIL REVISION PETITION No. 5524 of 2011 ORDER: (Per VRS,J) This revision arises out of an order passed by the trial Court, allowing an application under Section 8 of the Arbitration and Conciliation Act, 1996.

2.

Heard the learned counsel on both sides.

3.

The suit was filed in the year 2011 for recovery of a sum of Rs.80,491/-. The respondent/defendant took out an application in the suit for referring the matter to arbitration, in view of an arbitration agreement existing between the parties. The application was allowed, forcing the plaintiff in the suit to come up with the above revision. 4.

A period of about six years has now passed from the date of institution of the suit. The claim made in the suit is not actually worthy of arbitration at this distance of time. Therefore, we suggested to the parties to work out the possibility of a settlement. The respondent/defendant was prepared to offer a sum of Rs.85,000/- in full and final settlement. Though the suit was filed in the year 2011, the claim in the suit was for payment of Rs.80,491/-. 5.

If the petitioner in the revision succeeds, then the matter will have to go back to trial before the Court of first instance. If the

revision is dismissed, the matter has to go before the arbitrator. The adjudication either by the Court in a suit or by the arbitrator is prone to take time. While before the civil Court it would only take time, before the Arbitrator it would also consume money. Therefore, we suggested that the compromise proposal, as emanated from the respondent/defendant, may be a reasonable one considering the facts and circumstances.

6.

After consulting his client, the learned counsel for the petitioner accepted the said proposal.

7.

The counsel for the respondent/defendant has today handed over to the counsel for the petitioner/plaintiff, a pay order bearing No.439053, dated 11.08.2017, for a sum of Rs.85,000/-, issued by HSBC and drawn in favour of the petitioner. With this payment, all disputes between the parties shall stand fully and finally resolved. 8.

The above settlement is recorded and the Writ Petition is disposed of, as settled out of Court.

Consequently, miscellaneous petitions if any pending in the revision shall stand dismissed. No order as to costs. __________________________ V. RAMASUBRAMANIAN, J ____________ T. RAJANI, J.

16th August, 2017 cbs

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN  AND THE HON'BLE SMT. JUSTICE T. RAJANI C.R.P.No.5524 of 2011 (disposed of) 16th August, 2017 cbs