Mrs. E. Vijayalakshmi v. A School India Private Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.8.2015

CORAM

THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Contempt Petition Nos.2774 & 2775 of 2014 E.Vijayalakshmi ..

Petitioner in both Cont.Ps.

Vs.

1. A School India Private Limited rep. by its Managing Director Annamalai Muthaiah 7th Floor, Rani Seethai Hall 603, Anna Salai, Chennai 600 006.

2. Venkat Subramanian Director A School India Private Limited Annamalai Muthaiah 7th Floor, Rani Seethai Hall 603, Anna Salai, Chennai 600 006.

Respondents in ..

both Cont.Ps.

----- Petitions against the wilful disobedience of the order dated 06.11.2013 made in O.A.No.841 of 2013 and A.Nos.5096 & 5097 of 2013 and order dated 11.12.2013 made in A.Nos.5096 & 5097 of 2013 respectively.

For Petitioner : Mr.M.Velmurugan For Respondents : Mr.Sathish Parasaran -----

O R D E R

These contempt petitions arise out of two orders passed, one on 06.11.2013 and another on 11.12.2013 in certain applications filed by the petitioner herein under Section 9 of the Arbitration and Conciliation Act, 1996.

2. Heard the learned counsel on both sides.

3. The order dated 11.12.2013 is an order passed on consent. That is the last of the orders. It reads as follows:

"After the last hearing when both parties appeared, the disputes have been sorted out to a great extent. Now, the dispute is narrowed down to only a sum of Rs.8,000/- out of which a sum of Rs.6,700/- is agreed to be paid today and the balance amount to be paid in the next instalment. The next instalment falls in the month of December. Hoping that there won't be any further difficulty in making the payment, these applications are closed. In case, the parties have any difficulty, they are free to approach this Court. Since this order is passed based on the settlement reached, it cannot be quoted as a precedent by the other franchise."

4. In the said order, I have only given liberty to the applicant to approach the Court in the event of the consent order not working out well. Therefore, the appropriate remedy for the petitioner is not to invoke the contempt jurisdiction of this Court. Hence, leaving it open to the petitioner to take any appropriate remedy under law, these petitions are closed.

kpl SD/ DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/23/12/2015 One CC to Mr.Satish Parasaran, Advocate SR.10489 one CC to Mr.M.Velmurugan, Advocate, SR.10516