Mr.L.R.Sivaprasad v. L.M.Shantha Devi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2022

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and Application No.884 of 2022 L.R.Sivaprasad ... Petitioner vs.

1.L.M.Shantha Devi 2.L.M.Vinod 3.L.M.Karthik 4.L.V.Uma Devi 5.L.V.Sanjay 6.L.V.Vinay ... Respondents PRAYER: Arbitration Original Petition is filed under Section 34(2A) of the Arbitration and Conciliation Act, 1996 read with Rule 3(ii) of the Madras High Court Arbitration Rules,2021, to set aside the impugned Arbitral Award dated 21.12.2021 passed by the Arbitral Tribunal. For Petitioner : M/s.AN.Rajamani Ponnu for M/s.K.Harishankar For Respondents : Ms.A.Saranya for M/s.Iyer and Thomas for R1 to R3 1/4

O R D E R

By order dated 22.03.2022, the dispute was referred to the Tamil Nadu Mediation and Conciliation Centre. The Mediation Report is placed on record and the Memorandum of Understanding - LVR family dated 20.10.2022(the MoU) is annexed thereto.

2. On perusal, the MoU has been signed by the petitioner and by respondents 2, 5 and 6. It is stated that the second respondent has also signed it on behalf of respondents 1 and 3. The fourth respondent is the mother of respondents 5 and 6.

3. Learned counsel for the petitioner submits that the MoU provides for the discharge of obligations over a period of about one year. Therefore, it is submitted that the petition may be disposed of in terms of the MoU by leaving it open to the petitioner to revive the petition in the event of failure to discharge obligations.

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4. By acceding to the said request, Arb O.P.(Com.Div)No.103 of 2022 is disposed of in terms of the memorandum of understanding dated 20.10.2022. The said memorandum of understanding shall form an integral part of the order. In the event of failure of parties to comply with their obligations under the memorandum of understanding, it is open to the petitioner to revive this petition. In the circumstances, there shall be no order as to costs. Consequently, connected application is closed. 01.11.2022 rrg 3/4

SENTHILKUMAR RAMAMOORTHY,J rrg 01.11.2022 4/4