M/S. Landmark Housing Projects Chennai Private Limited v. Savithri Naidu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P. DHANABAL OSA(CAD) No.18 of 2022 M/s Landmark Housing Projects Chennai Pvt.Ltd., rep. by its Resolution Professional Mr.C.Sanjeevi, having office at No.7/43-114, Shiradi Avenue, near by CRI Pumps, Keeranatham Post, Coimbatore 641 035.

... Appellant Vs.

1. M/s Savithri Naidu d/o Narayanasamy Naidu, No.7, 1st Avenue, Sasthri Nagar, Chennai 600 020, T.N.

2. Rajiv Naidu

3. Vikram Naidu

4. M/s Matchpoint Tennis Academy Pvt. Ltd., Rep. by its Managing Director Mr.Rajiv Naidu, No.7, 1st Avenue, Sasthri Nagar, Chennai 600 020.

5. R.Venkatraman ... Respondents

Prayer: Original side Appeal filed under Section 37 of Arbitration and Conciliation Act r/w 13(1) of Commercial Courts Act to set aside the appeal challenging the order dated 09.11.2021 passed by this Court in O.P.No.546/2020.

For Appellant : Mr.Abinesh Babu for Assistant Solicitor General For Respondents : Mr. Akash Sri Nanda. V.

for Mr.Nithyaesh & Vaibhav for respondents 1 to 4 Mr.Arun Anbumani for fifth respondent JUDGEMENT (Order of the Court was delivered by D.KRISHNAKUMAR, J.) When the matter was listed for hearing, the learned counsel appearing for the appellant submitted that he has filed a memo dated 31.10.2023 before the Registry to record the statements made therein and to close the original side appeal. The above said memo is also placed with records.

2. However, we are not inclined to express anything about the statements made in the memo filed by the appellant.

3. The learned counsel appearing for the respondents 1 to 4 has

made objection to record the memo.

4. At this juncture, the learned counsel appearing for the appellant seeks permission of this court to withdraw the original side appeal and he has also made an endorsement to that effect.

5. Recording the submission and the endorsement made by the learned counsel for the appellant, this original side appeal is dismissed as withdrawn. No costs.

(D.K.K.J.) (P.D.B.J.) 07.12.2023 Internet: Yes/No Index : Yes/No mst

D.KRISHNAKUMAR, J.

and P. DHANABAL, J.

mst 07.12.2023