M/S.M.S.P.Coffee Curing Privat v. M/S.Reliance Retail Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.12.2020 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR O.P.Nos.161 of 2015 & A.No.5731 of 2015 in O.P.No.161 of 2015 & O.P.No.626 of 2016 O.P.Nos.161 of 2015 M/s.M.S.P.Coffee Curing Pvt. Ltd., Door No.370/2, Silver Shadows Moganad Estate, Mangalam Yercaud 636 602 ... Petitioner vs.
1. M/s. Reliance Retail Ltd., 9th Floor, Makers Chambers IV No.222, Nariman Point, Mumbai - 400 021
2. M/s.Reliance Retail Ltd., No.89-91, Dr.Radhakrishna Salai Mylapore, Chennai - 600 004 3.Dr.K.Dhakshinamoorthy District Judge (Retd) No.85-A, Indira Nagar Perumbakkam Post Malla Via Vanur Taluk ... Respondents 1/7
Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, to modify the award dated 22.09.2014 passed by the 3rd respondent with regard to the cost and interest for the period from 01/03/2008 to 22.09.2013 and award the cost of the arbitration proceedings and interest for the period from 01/03/2008 to 22/09/2013 at 18% on Rs.62,25,620/-.
For Petitioner : Mr.S.Sethuraman For Respondents : Mr.S.Raghunathan for R1 and R2 O.P.Nos.626 of 2016
1. M/s. Reliance Retail Ltd., having registered office at Makers Chambers IV Nariman Point, Mumbai - 400 021 Zonal office at No.89-91, Dr.Radhakrishna Salai Mylapore, Chennai - 600 004 ... Petitioner vs.
M/s.M.S.P.Coffee Curing Pvt. Ltd., Door No.370/2, Silver Shadows Moganad Estate, Mangalam Yercaud 636 602 ... Respondent Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, to order and direct the Arbitrator Mr.Dakshinamoorthy, District Judge (Retd.,) to produce and file in this Hon'ble Court the entire records of the arbitration proceedings between the petitioner and the respondent which were conducted before him; that 2/7
this Court be pleased to exercise its powers under Section 34 of the Arbitration and Conciliation Act, 1996 and allow the present petition (and the objections raised therein), and set aside the impugned award dated 22nd September 2014 (Annexure P/1 hereto) to the extent that the same allows the claims (in part) made by the Respondent and rejects the petitioner's counter claim; that the respondent be ordered and directed to pay to the Petitioner the cost of the present proceedings and for grant of such other and further reliefs in favour of the Petitioners, as this Hon'ble Court may deem just and expedient in the facts and circumstances of the present case.
For Petitioner : Mr.S.Raghunathan For Respondent : Mr.S.Sethuraman
ORDER
Captioned 'Original Petitions' ('OPs' in plural and 'OP' in singular for the sake of brevity) and the captioned application have been listed under the cause list caption 'FOR REPORTING SETTLEMENT' today.
2. In this web-hearing on a video-conferencing platform i.e., virutal hearing, Mr.S.Sethuraman, learned counsel on record for sole petitioner in O.P.No.161 of 2015 / applicant in A.No.5731 of 2015 and Mr.S.Raghunathan, learned counsel on record for sole petitioner in O.P.No.626 of 2016 are before me. Both the aforementioned learned counsel on record submit that captioned OPs have been settled out of 3/7
Court and seek permission to withdraw their respective OPs and they have filed withdrawal memos, which are as follows: 4/7
5/7
3. Both the learned counsel submit that parties to captioned OPs and captioned application have no claims against each other. This common submission is recorded. Aforementioned both learned counsel also graciously submit that they are not seeking refund of Court fee as only a nominal Court fee has been paid in both captioned OPs and captioned application.
In the light of aforementioned narrative, captioned OPs are dismissed as withdrawn. Consequently, captioned application being A.No.5731 of 2015 also stands dismissed as withdrawn. There shall be no order as to costs.
15.12.2020 Speaking order: Yes Index: No gpa 6/7
M.SUNDAR.J., gpa O.P.Nos.161 of 2015 & A.No.5731 of 2015 in O.P.No.161 of 2015 & O.P.No.626 of 2016 15.12.2020 7/7