Madras High CourtOP/69/2019disposed of in memo of compromise

Carmel Engineering Chennai Pvt Ltd v. The Maging Director

2019-07-24Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.07.2019

CORAM

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA O.P.No.69 of 2019 Carmel Engineering Chennai Pvt.Ltd., Rep.by its Director Mr.D.P.Prabakar, No.90, Arts College Road, Coimbatore - 641 018.

.. Petitioner -vs1. The Managing Director, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.

2. The Chief Engineer, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.

3.The Superintending Engineer (Projects Circle), Tamilnadu Slum Clearance Board, Selvapuram, Perur (North) Opp. Sivalaya Mahal, Coimbatore - 641 002.

4. The Executive Engineer, Tamilnadu Slum Clearance Board, Selvapuram, Perur (North) Opp. Sivalaya Mahal, Coimbatore - 641 002.

.. Respondents Prayer: Petition filed under Section 11 of the Arbitration & Conciliation Act, 1996 to appoint a Sole Arbitrator to resolve the dispute between the petitioner and respondents as per the L.S.Agreement No.C.R.No.13/SE (CPC)/2010/11.

For Petitioner : Mr.B.Deepak Narayanan For Respondents :Mr.S.Prabhu, Standing Counsel for TNSCB

ORDER

Today, a joint memo of compromise dated 22.07.2019 entered into between the parties, which has been reduced in writing and signed by the respective parties is presented before this Court. The Joint Memorandum of Compromise has also been signed by the learned counsel for the petitioner and the respondents.

2. The terms of Joint Memo of Compromise are recorded, which are as follows:

1. The parties herein submit that they have mutually agreed to settle the claim as hereunder:

2. It is agreed that the respondents will pay a settlement amount of Rs.40,00,000/- (Rupees Forty Lakhs only) to the petitioner as the full and final settlement towards L.S.Agreement No.C.R.No.13/SE (CPC)2010/11 dated 17.02.2011.

3. The Respondents hereby expressly agree and undertake to pay the above sum of Rs.40,00,000/- within 30 days from the date of signing this Compromise Memo.

4. It is further agreed that all the claims of the petitioner and respondents is hereby settled and there are no further claims from the Petitioner pertaining to L.S. Agreement No. C.R.No.13/SE (CPC)2010/11 dated 17.02.2011.

5. It is therefore humbly prayed that this Hon'ble Court may be pleased to record the same and pass suitable orders and thus render justice. 3.

In view of the above said terms of Joint Memo of Compromise, this Original Petition is disposed of. The Joint Memo of Compromise shall form part and parcel of this order. No costs.

4. Post 'for Compliance' on 26.08.2019.

24.07.2019 drl/srn Note: Issue order copy on 26.07.2019

PUSHPA SATHYANARAYANA.J drl/srn O.P. No.69 of 2019 24.07.2019