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Madras High CourtOP/434/2012disposed of

M/S.Kwality Spinning Mills Ltd v. M/S.India Cements Capital Ltd

2019-10-17Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2019

CORAM

THE HONOURABLE Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY O.P.No.434 of 2012

1. M/s.Kwality Spinning Mills Ltd., Udumalpet Road, Pollachi-642 003.

2. M.Meyappan (Deceased)

3. M.Sathappan Ravi

4. M.Sivakami

5. C.Vijayalakshmi

6. Inba Alagammai ..Petitioners (Petitioners 3 to 6 brought on record as the legal heirs of 2nd petitioner as per order dated 31.01.2018 in Appln.No.796 and 797 /2018) Vs

1. M/s.India Cements Capital Ltd., No.38, Sterling Road, Chennai-600 034.

2. N.C.Vijayaraghavan .. Respondents Prayer:

Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 praying to set aside the Arbitration Award dated 16.07.2010 passed by the 2nd respondent arbitrator. For Petitioners : Mr.T.S.Baskaran For Respondents : Mr.K.Rajasekaran

O R D E R

This petition is filed to set aside the arbitral award dated 16.07.2010. After filing of the petition, the learned Counsel for the petitioners and the first respondent executed a Memorandum of Understanding dated 30.09.2019 for the settlement of the dispute between the parties as per the terms set out there in. At the last hearing, the learned Counsel for the petitioner was directed to obtain instructions as to whether the legal heirs of the deceased/second petitioner are agreeable to the terms of the Memorandum of Understanding dated 30.09.2019. At the hearing today, a memo dated 11.10.2019 has been filed which has been signed by the 3rd, 4th, 5th and 6th petitioners namely the legal heirs of the deceased/second petitioner in the said memo. It is recorded that the legal heirs of the second petitioner have no objection for recording the terms of the settlement in the Memorandum of Understanding dated 30.09.2019 and to close the original petition on that basis.

2. Therefore, this Original Petition is disposed of in terms of the Memorandum of Understanding dated 30.09.2019, which shall form

an integral part of this order. The Memo dated 11.10.2019 shall also form an integral part of the order.

3. The Original Petition is disposed of on the above basis. 17.10.2019 Speaking/Non-speaking Orders.

Index: Yes/No Internet: Yes/No ksa-2

SENTHILKUMAR RAMAMOORTHY,J.

Ksa-2 O.P.No.434 of 2012 17.10.2019