D.Nandha Kumar v. H.Anraj( Deceased)

O.P.No.97 of 2011

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2019

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY O.P.No.97 of 2011 D.Nandhakumar ... Petitioner vs.

1.H.Anraj (deceased) 2.V.Ramesh 3.A.Sushila Devi 4.Nirmal Gadhiya 5.Sita Bai (Respondents 3 to 5 are brought on record as LR'S of deceased 1st respondent as per order dated 31.01.2018 in A.No.2339 of 2017 and time extended as per order dated 11.03.2019 in O.P.No.97 of 2011) ... Respondents PRAYER: This Original petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 pleased to set aside the Arbitral Award dated 20.10.2004 passed by the second respondent herein in Arbitration Case No.1 of 2000.

For Petitioner : Mr.Gautam S.Raman For Respondents : Mr.S.Ramesh 3 to 5 1/2 http://www.judis.nic.in

O.P.No.97 of 2011 SENTHILKUMAR RAMAMOORTHY,J rna

O R D E R

While the Original Petition was pending, the parties entered into negotiations and reached a settlement whereby the dispute is agreed to be resolved through denovo arbitration as per the terms and conditions set out in the joint memo dated 10.10.2019.

2.Accordingly, as a consequence of the settlement, the arbitral award dated 20.10.2004 is hereby set aside and this Original Petition is disposed of in terms of the said joint memo dated 10.10.2019, which shall form an integral part of the order. As agreed in the said joint memo, the arbitral tribunal is directed to complete the arbitration within the period of six months from the date of the first sitting, which sitting shall be held not later than one month from the execution of the joint memo dated 10.10.2019. 04.11.2019 Index : Yes / No Internet : Yes / No rna O.P.No.97 of 2011 2/2 http://www.judis.nic.in