Madras High CourtOP/179/2013dismissed as settled out of court

M/S.Shree Ganesh Steel Rolling v. M/S.H.J.Hansen Recycling

2021-07-16Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 16TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N. SATHISH KUMAR O.P.No. 179 of 2013 In the matter of Arbitration and Conciliation Act, 1996 and In the matter of the Award dated 03.08.2011 passed by the 3rd Respondent at Copenhagen (Denmark) M/s.Shree Ganesh Steel Rolling Mills Pvt. Ltd.

Represented by its Director, Mr.A.Abdul Rahman 14-A, Ennore High Road, Chennai - 600 019. . . . Petitioner

Versus

1.M/s.H.J.Hansen Recycling Industry Ltd., Havnegade 100D, 5000 Odense C, Denmark.

2.M/s.International Chamber of Commerce, International Court of Arbitration, 38, Cours Albert 1er 75008, Paris France.

3.Mr.Tore Wiwen-Nilsson Palsjovagen 24, 223 63 Lund, Sweden.

. . . Respondents O.P. No.179 of 2013 Original petition praying that this Hon'ble Court be pleased to

1. set aside the award dated 03.08.2011 passed by the 3rd respondent and consequently declare the claim of the 1st respondent as not maintainable.

2. Pay the costs of these proceedings This Original Petition coming on this day before this court for hearing in the presence of Mrs. Rajnish Pathiyil, advocate for the petitioner herein and Mr. Abdul Hameed for M/s. AAV Partners advocates for the 1st respondent herein and the respondent 2 & 3 herein not appearing in person or by advocate and upon reading the petition and the award dated 03.08.2011 and joint memo of compromise filed herein and the learned counsel for the petitioner having submitted that the matter has been settled between the parties in the year, 2016 itself also filed a joint memo of compromise entered between the petitioner and the first respondent it is ordered as follows:- That the O.P. No.179 of 2013 be and is hereby dismissed as settled out of court.

2. That there shall be no cost of this petition. SCHEDULE Joint Memo of Compromise

NS 20.10.2021 O.P. No.179 of 2013

ORDER

DATED 16/07/2021 THE HON'BLE MR. JUSTICE N. SATHISH KUMAR FOR APPROVAL: 25/10/2021 APPROVED ON:27/10/2021

THE HIGH COURT OF JUDICATURE AT MADRAS Date 16.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR O.P.No. 179 of 2013 M/s.Shree Ganesh Steel Rolling Mills Pvt. Ltd.

Represented by its Director, Mr.A.Abdul Rahman 14-A, Ennore High Road, Chennai - 600 019. . . . Petitioner

Versus

1.M/s.H.J.Hansen Recycling Industry Ltd., Havnegade 100D, 5000 Odense C, Denmark.

2.M/s.International Chamber of Commerce, International Court of Arbitration, 38, Cours Albert 1er 75008, Paris France.

3.Mr.Tore Wiwen-Nilsson Palsjovagen 24, 223 63 Lund, Sweden. . . . Respondents PRAYER : Petition filed under Section 34 of Arbitration and Conciliation Act, 1996 to set aside the award dated 03.08.2011 passed by the 3rd respondent and consequently declare the claim of the 1st respondent as not maintainable.

For petitioner : Mrs.Rajnish Pathiyil

For respondents : Mr.Abdul Hameed for R1 for M/s.AAV Partners No appearance for R2 and R3.

ORDER

This original petition has been filed to set aside the award dated 03.08.2011 passed by the 3rd respondent and consequently declare the claim of the 1st respondent as not maintainable.

2.When the matter was taken up today, the learned counsel appearing for the petitioner submitted that the matter has been settled between the parties in the year, 2016 itself and also filed a Joint Memo of Compromise entered between the petitioner and the first respondent.

3. In view of the same, this original petition is dismissed as settled out of Court and the Joint Memo of Compromise entered between the petitioner and the first respondent shall form part of this Order. No cost. Sd/- N.S.K.J.

16/07/2021 //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.