Mr.K.Vasu v. M/S United Plantation Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 15TH DAY OF APRIL 2019 THE HON'BLE MR. JUSTICE M.SUNDAR A. No.1794 of 2019 in O.P. No.141 of 2017 In the matter of disputes Between Mr. K.Vasu And M/s. United Plantation Limited and in the matter of the Arbitration and Conciliation Act, 1996 and in the matter of the Arbitral Award dated 10.08.2016 Mr.K.Vasu, S/o.Kuttiappan Proprietor-M/s Hariharan Timber & Firewood Depot Wellington Bazaar, Wellington, Nilgris District ... Applicant -Versus1.M/s.United Plantations Ltd.

(A Company incorporated under the Companies Act, 1956) Having its Administrative office at No.78, Cheran Towers, Government Arts College Road, Coimbatore.

2.The Branch Manager, HDFC Bank Limited Gandhipuram Branch, Coimbatore -641 012. ...Proposed 2nd Respondent/3rd party in OP No.141 of 2017 Application praying that this Hon'ble Court be pleased to implead the Branch Manager of HDFC Bank Ltd. Gandhipuram Branch, Coimbatore as party/2nd Respondent and to pass such

further or other order(s) as this Hon'ble Court may deem fit and proper in the circumstances of the case. This application coming on this day before this Court for hearing the Court made the following order:- "From the records/ case file placed before this Court, it comes to light that the main OP i.e., OP.No.141 of 2017 itself was dismissed after full contest by a detailed order dated 13.07.2018. Thereafter, instant application taken out by the sole respondent in the main OP with a impleading prayer has been filed on 08.02.2019.

2. It is not clear as to how an application with a prayer for impleading a third party was processed and numbered after disposal of the main OP itself.

3. However, Mr.R.Bharath Kumar, learned counsel on record submits that the intra Court original side appeal against the main OP in O.S.A.No.84 of 2019 itself was dismissed on 12.04.2019. Saying so, learned counsel on record made an endorsement in the instant application, which reads as follows:

'This application has become infructuous in view of dismissal of O.S.A.No.84 of 2019 on 12.04.2019. Hence, the applicant seeks permission of this Hon'ble Court to withdraw the application and thus render justice.

Sd/- Counsel for applicant 15.04.2019'

4. Learned counsel on record reiterates the endorsement.

In the light of the endorsement and reiteration of the same, instant application is dismissed as withdrawn". Sd/.M.S.J.

15.04.2019 //Certified to be a true copy// Dated this the 3rd day of May 2019.

TE/03/05/2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.