Mahalakshmi v. Saravananan Lakshamanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.04.2024

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY & Arb.Appln.Nos.97 & 98 of 2024 & O.A.Nos.1058 to 1060 to 2023 1.Dr.S.Mahalakshmi 2.Ms.Pramodita 3.Joshitt ... Petitioners Vs.

Dr.Saravanan Lakshmanan ... Respondent Arbitration Original Petition filed under Section 11(3) & (4) of the Arbitration and Conciliation Act, 1996 to appoint a Co-Arbitrator on behalf of the respondent to decide the disputes and differences between the petitioners and the respondent in terms of the memorandum of understanding dated 15.11.2021.

For Petitioner : Mr.A.Abdul Hameed, Senior counsel, for Ms.Revathi Manivannan For Respondents : Mr.G.R.Hari 1/5

ORDER

This Arbitration Original Petition has been filed to appoint a CoArbitrator to adjudicate the disputes between the petitioners and the respondent.

2. On 13.03.2024, this Court passed an order to refer this matter to mediation and also directed the Mediation Center to request Mr.M.K.Kabir, learned Senior counsel to mediate the dispute between the parties.

3. Today, both the learned counsel along with the learned Mediator appeared before this Court and submitted that the matter has been settled amicably by virtue of Memorandum of Compromise dated 18.04.2024 and the same has been produced before this Court along with the Mediation Report.

4. Further, they would submit that the said Memorandum of Compromise was signed only by the 1st petitioner and the respondent, who are husband and wife since the dispute is only between them. In this regard, 2/5

the petitioners 2 and 3, who are the daughter and son of 1st petitioner and the respondent, have filed separate consent affidavits dated 23.04.2024 stating that they have no objection for disposing of this matter in terms of the said Memorandum of Compromise.

5. Accordingly, the Mediation Report and the Consent Affidavits are taken on record and this original petition is ordered in terms of the Memorandum of Compromise dated 18.04.2024. The said Memorandum of Compromise shall form part and parcel of this order. Consequently, the connected applications are also closed.

6. At this juncture, both the learned counsel would request this Court to fix any reasonable amount as remuneration to the learned Mediator since he took great effort to settle the matter.

7. Considering the submission made by both the learned counsel and also considering the efforts made by Mr.M.K.Kabir, learned Mediator to settle the dispute between the parties, this Court is inclined to fix a sum of 3/5

Rs.5,00,000/- as remuneration to the learned Mediator. The said amount shall be paid by both the petitioner and the respondent equally, i.e., the 1st petitioner and the respondent shall pay a sum of Rs.2,50,000/- each, within a period of two weeks from the date of receipt of copy of this order.

8. List this matter for reporting compliance on 04.06.2024. 24.04.2024 Speaking/Non-speaking order Index : Yes / No nsa Note: Issue order copy on 26.04.2024 4/5

KRISHNAN RAMASAMY.J., nsa Arb.O.P (Com.Div.)No.73 of 2024 & Arb.Appln.Nos.97 & 98 of 2024 & O.A.Nos.1058 to 1060 to 2023 24.04.2024 5/5