M/S Hyundai Motors India Ltd v. M/S Sudeep Motors Pvt. Ltd.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.03.2021
CORAM:
THE HONOURABLE Mr.JUSTICE M.SUNDAR O.P.No.470 of 2019 AND OP.No.519 of 2020 OP.No.470 of 2019 M/s.Hyundai Motors India Ltd., A Company Registered under the Companies Act, 1956 Represented by its Deputy General ManagerLegal and Secretarial-Authorised Signatory Having their registered office at 5th & 6th Floor, Corporate One (Baani Building) Plot No.5, Commercial Centre Jasola, New Delhi-110 076.
... Petitioner Vs.
M/s.Sudeep Motors Pvt. Ltd., A Company Registered under the Companies Act, 1956 Represented by its Managing Director Dilip Babubhai Shah Having their registered office at No.210, GIDC, Vapi ... Respondent OP.No.519 of 2020 M/s.Sudeep Motors Pvt. Ltd., A Company Registered under the Companies Act, 1956 Represented by its Managing Director, Having their registered office at No.210, GIDC, Vapi ... Petitioner Vs.
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M/s.Hyundai Motors India Ltd., A Company Registered under the Companies Act, 1956 Represented by its Managing Director Having their registered office at Fifth and Sixth Floor, Corporate One (Baani Building) Plot No.5, Commercial Centre Jasola, New Delhi-110 076.
... Respondent Prayer in OP.No.470 of 2019: Original Petition filed under Section 34(2)(a)(iv), 34(2)(b)(i) & 34(2)(b)(ii) of the Arbitration and Conciliation Act, 1996, praying to set aside the Arbitration Award dated 30.11.2018 passed by the Learned Sole Arbitrator in Arbitration Case No.1 of 2018 arising out of O.P.No.785 of 2012.
Prayer in OP.No.519 of 2020: Original Petition filed under Section 34(1) of the Arbitration and Conciliation Act, 1996, praying to (a) quash and set aside the impugned Award dated 30.11.2018 passed by the Sole Arbitrator to the limited extent the said award rejects the claims of the petitioner (b) pending the hearing and final disposal of this petitioner, direct the respondent to pay the amount awarded by the learned arbitrator in the impugned award dated 30.11.2018 and (c) Ad interim relief in terms of prayer (b) above and (d) Any other and further reliefs/orders may be deemed fit and proper in the circumstances of the case be granted. For Petitioner in OP.470/2019 : Mr.G.Rajkumar assisted by Ms.R.Anitha For Respondent in OP.470/2019 : Ms.Pushpa Menon assisted by Mr.Vivek Menon 2/15
For Petitioner in OP.519/2020 : Ms.Pushpa Menon assisted by Mr.Vivek Menon For Respondent in OP.519/2020 : Mr.G.Rajkumar assisted by Ms.R.Anitha ***** COMMON ORDER Captioned 'Original Petitions' ['OPs' in plural and 'OP' in singular for the sake of brevity] are cross OPs. For the sake of convenience, 'OP.No.470 of 2019' shall be referred to as 'senior OP' and 'OP.No.519 of 2020' shall be referred to as 'junior OP'.
2. As mentioned supra, senior OP and junior OP are cross OPs as both are directed against the same arbitral award i.e., an 'arbitral award dated 30.11.2018 bearing reference Arbitration case No.1 of 2018 arising out of O.P.No.785 of 2012' [hereinafter 'impugned award' for the sake of convenience and clarity]. Senior OP has been filed by the respondent before 'Arbitral Tribunal' ['AT' for the sake of brevity] and the junior OP has been filed by the claimant before AT.
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3. Mr.G.Rajkumar assisted by Ms.R.Anitha, learned counsel on record for sole petitioner in the senior OP/lone respondent in junior OP and Ms.Pushpa Menon, assisted by Mr.Vivek Menon, learned counsel on record for lone respondent in senior OP/sole petitioner in junior OP are before this physical Court. Learned counsel on both sides make a request for dispensing with the presence of the authorised representatives of their clients citing the present Covid-19 situation. This Court was also informed that the authorised representative of respondent in senior OP is very ill. The request of both learned counsel is acceded to.
4. Both aforementioned learned counsel submit that the lis between the adversaries [qua which the impugned award was passed and out of which the captioned OPs arise] has been amicably settled between the parties and the parties have reduced to writing the terms by way of a document dated 09.03.2021 captioned 'Memo of Settlement' [hereinafter 'said MOS' for the sake of convenience].
5. Aforementioned said MOS has been filed in the Registry, the same has been placed before this Court and it is as follows: 4/15
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6. To be noted, the annexures to said MOS, which are photo identity cards of the signatories have also been scanned and reproduced supra.
7. Both aforementioned learned counsel reiterate the contents of Memo of Settlement and make a joint request that impugned award may please be set aside and the parties will stand governed by said MOS. This common say of learned counsel on both sides is recorded.
8. This Court is informed that pursuant to paragraph 5 of said MOS, learned counsel for petitioner in senior OP has handed over a limited cashier's order dated 19.03.2021 for Rs.35,00,000/- [Rupees Thirty Five Lakhs only] (this Court is informed that this cashier's order is akin to a demand draft) to learned counsel for respondent in senior OP. A scanned reproduction of this instrument is as follows: 11/15
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9. Adverting to paragraph 5 of said MOS, both learned counsel made a joint request that a payment out directive may also please be given vide this order itself as Rs.35,00,000/- [Rupees Thirty Five Lakhs only] has been paid by the petitioner in senior OP to the respondent in senior OP. This common request is acceded to.
10. Registry shall treat this common order as an order for payment out also. This Court is informed that petitioner in senior OP is now entitled to take back Rs.15,00,000/- deposited owing to the settlement. There shall be a directive to the Registry to pay out to petitioner in senior OP [Hyundai Motor India Limited] Rs.15,00,000/- (deposited by petitioner in senior OP) together with accrued interest if any. To be noted, by accrued interest if any, this Court means interest accrued on Rs.15,00,000/- [Rupees Fifteen Lakhs only] while lying in deposit to the credit of senior OP i.e., OP.No.470 of 2019. It is open to the Registry to make standard deductions as applicable. This payment out is also subject to counsel on record for petitioner in senior OP complying with procedural formalities in this regard. At request of learned counsel on record for petitioner in senior 13/15
OP, this payment out shall be made by way of an instrument drawn in favour of the petitioner in senior OP i.e., Hyundai Motor India Limited.
11. As already alluded to supra, impugned award being 'arbitral award dated 30.11.2018 bearing reference 'Arbitration case No.1 of 2018 arising out of O.P.No.785 of 2012' is set aside by consent. Parties will stand governed by aforementioned said MOS i.e., MOS dated 09.03.2021. The payment out shall be made by the Registry as expeditiously as possible and in any event, within five (5) weeks from today i.e., on or before 27.04.2021.
Captioned OPs disposed of on above terms. There shall be no order as to costs.
23.03.2021 Speaking order: Yes/No Index: Yes/No kmi 14/15
M.SUNDAR. J., kmi O.P.No.470 of 2019 and OP.No.519 of 2020 23.03.2021 15/15