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Madras High CourtArb O.P(COM.DIV.)/149/2022disposed of

Medall Scans And Labs Kumbakonam Private Limited v. A.Mohamed Iliyas

2022-03-30Honourable Mr Justice M. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.03.2022 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR M/s.Medall Scans and Labs Kumbakonam Private Limited Represented by its Legal Executive Mr.S.Ashwin No.67, Mount Road, TNPL Building 2nd Floor, Guindy Chennai-600 032.

... Petitioner vs.

A.Mohamed Iliyas Son of Mr.Amanullah No.544/2A, 2nd Floor, Arafa Enclave Shanthi Nagar Kumbakonam - 612 001.

... Respondent Prayer:

Arbitration Original Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 praying to appoint a Arbitrator(s) to decide the disputes and differences between the petitioner and respondent in terms of Franchise Agreement dated 15.09.2020. For petitioner :

Ms.R.Anbarasi for M/s.AAV Partners (Law Firm) 1/4

O R D E R

After some arguments, Ms.Anbarasi. R, learned counsel of M/s.AAV Partners [Law Firm] for the petitioner sought leave of this Court to withdraw the captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] on realizing that the same has been presented in this Court on 07.03.2022 before 30 days from the date of receipt of trigger notice by respondent had elapsed.

2. However, learned counsel made a request that the rights of petitioner may please be preserved to present another petition with same/similar prayer on the same cause of action if the need arises (obviously 30 days have elapsed now). Request acceded to.

3. Learned counsel has made an endorsement in the case file, a scanned reproduction of which is as follows:

2/4

4. In the light of the narrative thus far, captioned Arb OP is disposed of as withdrawn albeit preserving the rights of the petitioner to present/file a petition with the same/similar prayer on the same cause of action. There shall be no order as to costs.

30.03.2022 Speaking/Non-speaking order Index : Yes / No Internet : Yes / No mk 3/4

M.SUNDAR. J., mk 30.03.2022 4/4