Thasmin Jemila v. M/S.Capstocks & Securities

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 31st DAY OF JANUARY, 2019 THE HON'BLE MR. JUSTICE S.VAIDYANATHAN.

O.P.No.748 of 2012 In the matter of the Arbitration and Conciliation Act, 1996 and In the matter of M/s.Capstocks & Securities (India) Pvt.

Ltd., and award dated 25.11.2011.

Thasmin Jemila, 8-159, Osmondstherivilai, Chernkol, Kattathurai Post, Marthandam - 629 158.

Kanyakumari District.

..Petitioner Vs.

1.M/s.Capstocks & Securities (India) Pvt. Ltd., TC 28/2023, Capstocks Towers, Thakaraparambur Road, Fort, Trivandrum - 695 023.

2.Sri.N.Chandrasekaran, The Sole Arbitrator, Bombay Stock Exchange Ltd., Regional Office, Chennai, 3rd Floor, Vijaya Towers, No.4, Kodambakkam High Road, Nungambakkam, Chennai - 600 034.

..Respondents Original petition praying that this Hon'ble Court be pleased to allow this Petition and set aside the award passed by the 2nd Respondent in Ref.No.111 of 2011 dated 25.11.2011.

This Original Petition coming on this day before this Court for hearing in the presence of Mr.C.K.M.Appaji, Advocate for the Petitioner herein and Mr.P.V.Balasubramanian, Advocate for the 1st Respondent herein and upon reading the Petition filed herein and the learned Counsel for the Petitioner having submitted that the petitioner is willing to pay a sum of Rs.1.9 Lakhs as full and final settlement of the entire claim and that the Petitioner may be permitted to operate her Account, so as to enable her to pay the said amount to the 1st Respondent, it is ordered as follows:

That the Petitioner herein, be and is hereby directed to pay a sum of Rs.1,90,000/-(Rupees One Lakh and Ninety Thousand Only) to the 1st respondent herein, as full and final settlement of the entire claim agaisnt her, within a period of four weeks from the date of receipt of copy of this order.

2) That it is made clear that only after payment of the entire amount to the 1st Respondent, the Petitioner herein, shall be permitted to operate her Account and it goes without saying that in case of non-payment of the above amount by the Petitioner as agreed, the Arbitral Aware shall revive.

3) That there shall be no costs.

WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 31st DAY OF JANUARY, 2019.

Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KUN 14.02.2019 O.P. No.748 of 2012 Order Dated:31.01.2019 THE HON'BLE MR.JUSTICE S.VAIDYANATHAN.

FOR APPROVAL: 14.02.2019 APPROVED ON: 14.02.2019