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Madras High CourtOSA/289/2014closed

T.Cg Software Parks Pvt Ltd v. W.S.Eloectric Ltd

2016-11-17Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN O.S.A.Nos.289 and 290 of 2014 and Original Petition No.371 of 2012

1. TCG Software Parks Pvt. Ltd.

a Company registered under the Companies Act, 1956 and having its registered office at Bengal Intelligent Park Ground Floor, Beta Building Kolkata - 700 091.

2. TCG Urban Infrastructure Holdings Pvt. Ltd. a Company registered under the Companies Act, 1956 and having its registered office at Bengal Intelligent Park Ground Floor, Beta Building Kolkata - 700 091.

.. Appellants in appeals and Petitioners in the OP.

vs.

W.S.Electric Ltd.

a Company registered under the Companies Act, 1956 and having its registered office at 3rd Floor, Dhun Building 827, Anna Salai .. Sole Respondent in Chennai - 600 002.

both appeals and R1 in Original petition

Mr.Justice Shivaraj V.Patil Former Judge, Before the Arbitral Tribunal Supreme Court of India (Sole Arbitrator) New Delhi - 110 001.

.. 2nd respondent in the Original Petition PRAYER in O.S.A.Nos.289 and 290 of 2014: Appeals against the judgment and decree dated 10.12.2014 passed in O.A.Nos.264 and 394 of 2012.

Prayer in O.P.No.371 of 2012: Petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award dated 4.3.2012 passed by the second respondent. For Appellants in both the appeals and the petitioner in the Original Petition : Mr.A.L.Somayaji Senior Counsel for Ms.Narmadha Sampath For Sole Respondent in the appeals and the first respondent in the Original Petition : Mr.R.Murari Senior Counsel for Ms.Preethi Mohan

JUDGMENT

(Delivered by the Hon'ble Chief Justice) The affidavits of the appellants and the memo of the respondent have been filed, in terms whereof the parties have settled the disputes arising out of the litigations and a Closure Agreement has been executed on 16.11.2016, in terms whereof both the appeals and the original petition stand unconditionally closed and are liable to be disposed of in accordance with the terms and conditions of the Closure Agreement.

2. We take the Closure Agreement on record and dispose of the appeals and the original petition in terms aforesaid.

3. The parties are left to bear their own costs.

4. We greatly appreciate the assistance provided by the learned counsel for the parties to effect closure and also appreciate the stand of the parties to have reconciled the differences.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1 The Sub Assistant Registrar Original Side, High Court, Madras 104 +5cc to Mr.Narmatha Sampath, Advocate, S.R.No.66506 nm (CO) md (17/11/2016) O.S.A.Nos.289 and 290 of 2014 and Original Petition No.371 of 2012 17.11.2016