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Madras High CourtOP/532/2015dismissed as withdrawal

R.Ashokkumar v. M/S.Sriram City Union Finance

2021-07-02Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 2ND DAY OF JULY, 2021 THE HON'BLE MR. JUSTICE N. SATHISH KUMAR O.P. No.532 of 2015 In the matter of Arbitration and Conciliation Act 1996 and In the matter of dispute is between M/s. Shriram City Union Finance Ltd., and K. Marriappan, M.Amutha, R. Ashokkumar, P. Muniyandi, P. Ramar, N. Saravanan in respect of Trade Finance Agreement No. ADYA2TF09220002 dated 22-09-2011.

R. Ashokkumar, Son of Ramachandran Old No. 25, New No. 48, Periyar Salai, Teynampet, Chennai - 600 018.

..Petitioner Vs.

1. M/s. Shriram City Union Finance Ltd Represented by its Authorized Representative having their Office at No.6, L.B. Road, Sorrento Building, IInd Floor Adyar, Chennai - 600 020.

2. K. Mariappan, Son of Krishnaswamy 36/1, Adanjan Mudali Street, Ramakrishnanagar - 600 028.

3. M. Amutha Wife of K. Mariappan

36/1, Adanjan Mudali Street, Ramakrishnanagar, Chennai - 600 028.

4. P. Muniandi Son of Palani 12/82, Sivagami Nagar, 1st Street, Kamaraja Nagar, Ponneri.

5. P. Ramar, Son of S. Pichandi Plot No. 5D, D.No.51, Kannabiran Koil Street, Pallikaranai, Chennai - 600 100.

6. N. Saravanan Son of Namasivayam Plot No. 15A, Ground Floor, Sivagamipuram, 19th Cross Street, Pallikaranai, Chennai - 600 100.

..Respondents

7. C.A. Ravichandran Advocate, Sole Arbitrator, No. 90, Peters road, 1st Floor, New College Shopping Complex, Royapettah, Chennai - 600 014.

..Respondent / Sole Arbitrator Original Petition praying that this Hon'ble Court be pleased to set aside the Arbitral Award dated 04-08-2014 made in the aforesaid arbitration case bearing ACP(EF/CAR) 302 of 2013 by the Arbitral Tribunal comprising of the Sole Arbitrator C.A. Ravichandiran Advocate. This Original Petition coming on this day before this court for hearing in the presence of Mr. K. Venkateswaran, Advocate for the Petitioner

herein and Mr. K.V. AnanthaKrushnan, Advocate for the 1st respondent and Mr. K. Senthil, Advocate for the respondents 2 & 3 herein and upon reading the petition and the award dated 04-08-2014 filed herein and the affidavit of S. Dhandapani filed herein and the paragraph 6 of the affidavit filed by the first respondent specifically avers that they are not going to execute the award as against the present petitioner, in such view of the matter, the petitioner seeks to withdraw the main original petition, and this court doth recording the same, it is ordered as follows:- That the Original Petition No. 532 of 2015, be and is hereby dismissed as withdrawn.

2) That it is also made clear that execution proceedings initiated against the present petitioner by the respondents, if any, shall also be withdrawn by the first respondent.

3) That there shall be no costs of this petition. WITNESS THE HON'BLE JUSTICE MR. SANJIB BANERJEE, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 2ND DAY OF JULY, 2021.

Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

VF-13.07.2021 O.P. No.532 of 2015 ORDER :- DATED: 02.07.2021 THE HON'BLE MR. JUSTICE N. SATHISH KUMAR FOR APPROVAL: 26/07/2021 APPROVED ON: 27/07/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 02.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR O.P.No.532 of 2015 R.Ashokkumar . . . Petitioner

Versus

1.M/s.Shriram City Union Finance Ltd Represented by its Authorized Representative having their Office at No.6, L.B.Road, Sorrento Building, IInd Floor, Adyar, Chennai - 20.

2.K.Mariappan 3.M.Amutha . . . Respondents PRAYER : Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the arbitral award dated 04.08.2014 made in the aforesaid arbitration case bearing ACP (EF/CAR) 302 of 2013 by the Arbitral Tribunal comprising of the Sole Arbitrator C.A.Ravichandiran Advocate.

For Petitioner : Mr.K.Venkateswaran For Respondents : Mr.K.V.Ananthakrushnan for R1 Mr.K.Senthil for R2 and R3.

ORDER

The petitioner has filed this original petition to set aside the arbitral award dated 04.08.2014 passed against him.

2. Mr.Ananthakrushnan, learned counsel appearing for the first respondent submitted that though the award is passed against the petitioner herein, the first respondent would not execute the award as against the petitioner. With regard to that they also filed an affidavit and the same is taken on record.

3. Paragraph 6 of the affidavit filed by the first respondent specifically avers that they are not going to execute the award as against the present petitioner.

4. In such view of the matter, the petitioner seeks to withdraw the main Original Petition. Recording the submission of the learned counsel for the petitioner, this original petition is dismissed as withdrawn. No costs.

5. It is also made clear that execution proceedings initiated against the present petitioner by the respondents, if any, shall also be withdrawn by the first respondent.

Sd./- N.D.K.J., 02.07.2021 // Certified to be true copy// Dated at Madras this day of 2021. Court Officer(O.S.) From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.