Madras High CourtArb O.P(COM.DIV.)/64/2025dismissed for not pressed

M/S.Sundaram Finance Ltd., v. Cement Carriers,

2025-06-26Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.06.2025

CORAM

THE HON'BLE Mr. JUSTICE ABDUL QUDDHOSE M/s.Sundaram Finance Ltd., rep. by its Authorised Signatory ... Petitioner in all cases

Versus

1.Cement Carriers, rep. by its Proprietor ... 1st respondent in Arb.O.P. (Com. Div.

Pankaj V Babaria Nos.64 to 66, 68 & 69 of 2025 1.Pankaj V Babaria ... 1st respondent in Arb.O.P.

(Com.Div.) No.67 of 2025 2.Chintan Pankaj Babaria ... 2nd respondent in all cases Prayer in all cases: Arbitration Original Petitions (Commercial Division) filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint/substitute a Sole Arbitrator to adjudicate upon the differences and disputes between the petitioner and respondents under the Loan Agreement and Guarantee Deeds dated 27.07.2018, 30.06.2018, 30.06.2018, 31.07.2018, 30.06.2018 & 30.06.2018 in respect of Contract bearing Nos.N006700126, N006700125, N006700129, N006700182, N006700128 & N006700123 respectively.

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For Petitioner in all cases : Ms.B.Narmadha for Mr.M.Arunachalam For Respondents in all cases : Mr.K.Newlin Frederick COMMON ORDER A re-joinder has been filed by the petitioner dated 11.06.2025 to the counter filed by the respondents. In the said re-joinder, the petitioner has sought permission from this Court to withdraw these petitions by granting liberty to the petitioner to file fresh petitions as and when the need arises in future.

2.Learned counsel for the respondents would submit that liberty may be granted to the respondents to raise all objections if the petitioner initiates arbitration in accordance with the arbitration clause contained in the Memorandum of Understanding both dated 27.12.2022 in the near future. 3.No prejudice would be caused if liberty is granted to both the petitioner as well as the respondents. Accordingly, these petitions are dismissed as not pressed.

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4.Liberty as prayed for by the petitioner as well as the respondent through their counsels is granted. No costs.

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ABDUL QUDDHOSE, J.

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