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Madras High CourtOP/514/2011closed

S.S.Mani v. M/S.R.D.Textiles

2021-08-12Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 12TH DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE N.SATHISHKUMAR O.P.No.514 OF 2011 AND A.No.1394 OF 2012 In the matter of Arbitration And Conciliation Act, 1996 And In the matter of Arbitration award dated 10.06.2011 passed in AR.Case NO.7/2010 - 2011.

Prop.Of M/s.S.S.Mani 56, M.C.Road, Chennai - 600 021.

... Petitioner -Versus1. M/s.R.D.Textiles 285, Navi Galli, Swadeshi Market, Mumbai - 400 002.

..1st Respondent

2. Mr.Trambak Lal D.Shah, Arbitrator, Confederation of Textile Traders Association, 113, Caval Street, 1st Floor, Swadeshi Market Building, Room No.24, Mumbai 400 002. ..2nd Respondent/Arbitrator Original Petition praying that this Hon'ble Court be pleased to set aside the award dated 10.06.2011 passed by the 2nd Respondent herein in

Arbitrator case No.7/2010-11.

A.No.1394 OF 2012:

M/s.R.D.Textiles 285, Navi Galli, Swadeshi Market, Mumbai - 400 002.

... Applicant/1st Respondent -VersusProp.of M/s.S.S.Mani No.56, M.C.Road, Chennai - 600 021.

... Respondent/Petitioner Application praying that this Hon'ble Court be pleased to reject the above original petition to the respondent/petitioner for being presented before the proper Court at Mumbai.

This Original Petition and the application coming on this day before this court for hearing through video conferencing in the presence of Mr.R.Ponnusamy, Advocate for the petitioner in O.P.514 of 2011 and for the respondent in A.No.1394 of 2012 and Mr.K.Bijai Sundar, Advocate for the 1st respondent in O.P.514 of 2011 and for the applicant in A.No.1394 of 2012 and upon reading the petition filed in O.P.514 of 2011 and the order herein dated 01.10.2012, and this court having observed that this Court has already rejected this Original Petition by an order dated 01.10.2012, and now, the learned counsel appearing for respondent also submitted that this matter has been already settled.

It is Ordered as follows:- That the O.P.No.514 of 2011 be and is hereby closed.

2. That the connected A.No. 1394 of 2012 do stand closed.

3. That there shall be no costs.

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 12th DAY OF AUGUST 2021.

Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SK 01.09.2021 O.P.No.514 OF 2011 AND A.No.1394 OF 2012 ORDER:- DATED : 12.08.2021 THE HON'BLE MR.JUSTICE N.SATHISHKUMAR FOR APPROVAL: 09.09.2021 APPROVED ON: 14.09.2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 12.08.2021

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR O.P. No.514 of 2011 and A.No.1394 of 2012 Prop. of M/s.S.S.Mani 56, M.C.Road, Chennai-21.

... Petitioner Vs.

1. M/s.R.D.Textiles, 285, Navi Galli, Swadeshi Market, Mumbai-400 002.

2. Mr. Trambak Lal D. Shah, Arbitrator, Confederation of Textile Trader Association, 113, Caval Street, 1st Floor, Swadeshi Market Building, Room No.24, Mumbai-400 002.

... Respondents Prayer: Original Petition filed under Section 34 (2)(ii) of Arbitration and Conciliation Act, 1996, praying to set aside the award dated 10.06.2011 passed by the 2nd respondent herein in Arbitrator Case No.7/2010-11.

For Petitioner : Mr.R.Ponnusamy For Respondent : Mr.Bijai Sundar for R1

O R D E R

(This case has been heard through video conference) It is submitted that this Court has already rejected this Original Petition by an order dated 01.10.2012, and now, the learned counsel appearing for respondent also submitted that this matter has been already settled.

2. In such view of the matter, as the Original Petition has been already rejected by this court, nothing survives for further adjudication in this O.P. Accordingly, this Original Petition is closed. No costs. Consequently, connected application is closed.

Sd./-(N.S.K.J.,) 12.08.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.