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Madras High CourtOP/214/2017dismissed as infructuous

M/S.Unitech Limited v. R.K.Rajeswaran

2018-09-18Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR OP.No.214 of 2017 M/s.Unitech Limited, No.6, Community Centre, Saket, New Delhi 110 017, Rep. By Power Agent Mr.V.Murugan ....Petitioner Vs R.K.Rajeswaran ....Respondent Prayer:- This Company Petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996, (a) to set aside the Award dated 02/07/2016 passed by the Arbitrator and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and render justice.

For Petitioner : Mr. Balamurali For Respondent : Mr. Vedavalli kumar

ORDER

This Original Petition has been filed, seeking to set aside the award dated 2.7.2016, passed by the Arbitrator.

2. This Court heard the learned counsel on either side.

3. The learned counsel for the petitioner has submitted that since the Petitioner had already handed over possession of the Flat on 27.10.2017 to the Respondent and there is no amount due from the Respondent to the D.KRISHNAKUMAR,J.

Srcm/ssbpetitioner, this Original Petition may be dismissed, as infructuous and that in so far as the possession is concerned, the Respondent has given a receipt and acknowledged the same and to that effect, the learned counsel for the Petitioner has also made an endorsement in the OP.

4. The learned counsel for the Respondent has not disputed the said facts stated by the learned counsel for the Petitioner. The learned counsel for the Respondent would further submit that the statement of Petitioner can be recorded and accordingly, this Original Petition may be disposed of.

5. In view of the submissions made by the learned counsel on either side and also the endorsement made by the learned counsel for the Petitioner, recording the said submissions and the endorsement, this Original Petition is dismissed, as infructuous. No costs. Consequently, the connected MP is closed.

18.09.2018 Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm/ssb OP.No.214 of 2017