Madras High CourtOA/193/2019withdrawn dismissed

Regen Infrastructure And Services Pvt Ltd v. Mr.P.Devaraj S/O.Mr.Palaniswamy Gounder

2019-12-02Honourable Mr Justice M. Sundar2 pages

/ 1 /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 02ND DAY OF DECEMBER 2019 THE HON'BLE MR. JUSTICE M.SUNDAR O.A.No.193 of 2019 In the matter of Arbitration and Conciliation Act, 1996 and Agreement dated 5th January 2011.

Regen Infrastructure and Services Private Limited, CIN No: U40106TN2008PTC065937, Formerly known as Renewable Energy Generation Private Limited, Having its registered office at KRM Plaza, North Tower, 8th Floor, No.2, Harrington Road, Chetpet, Chennai 600 031 Rep.by its Authorised Signatory, S.Narayanan ... Applicant -VersusMr.P.Devaraj S/o. Mr.Palaniswamy Gounder aged about 54 years residing at No.30, Thirukumaran Nagar, Singanallur, Coimbatore 641 005.

... Respondent O.A. No.193 of 2019:- Original Application praying that this Hon'ble Court be pleased to pass an order of interim injunction restraining the respondent, his servants, agents, representatives or any other person claiming under / through him from committing any act whatsoever in any manner in general and/or to the prejudice of the applicant https://hcservices.ecourts.gov.in/hcservices/ in particular based on the letter dated 14/02/2018 issued by the applicant to the respondent.

/ 2 / This Original Application coming on this day before this court for hearing the court made the following order:

Mr.Sai Sathyajith, learned counsel on record for applicant submits that he has instructions from the applicant to withdraw this application.

2. Learned counsel has made an endorsement in the case file, which reads as follows:

'It is respectfully prayed that this Hon'ble Court may permit the Applicant to withdraw the application with liberty to approach Arbitral Tribunal.

Sd/- Counsel for Applicant'

3. Learned counsel for applicant makes a plea that the rights of the application may please be preserved for filing a suitable application under Section 17 of the Arbitration and Conciliation Act, 1996 before the Arbitral Tribunal.

4. Though obvious, all questions in this regard are left open.

This application is dismissed as withdrawn albeit with the above observation.

Sd/.M.S.J.

02.12.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/12.12.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/