Madras High CourtOSA/45/2018dismissed as settled out of court

Mr.Sriram Kesavan v. M/S.Cholamandalam Investment

2018-04-19Honourable The Chief Justice,Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2018 CORAM :

The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE ABDUL QUDDHOSE O.S.A.No.45 of 2018 and C.M.P.No.2764 of 2018 1.

Sriram Kesavan 2.

Satyabama Kesavan .. Appellants -vs1.

M/s.Cholamandalam Investment And Finance Company Limited, (Formerly known as M/s.Cholamandalam DBS Finance Limited) DARE House, No.2, N.S.C. Bose Road, Chennai 600 001.

Y.K.Rajagopal, .. Respondents Appeal filed under Order XXXVI Rule 9 of the Original Side Rules read with Clause 15 of the Letters Patent against the order dated 14.11.2017 made in O.P.No.649 of 2013 on the file of original side of this Court.

Prayer in O.P.NO.649 of 2013:

Original Petition praying that this Hon'ble court be pleased to:

a) allow the present OP and set aside the impugned award dated 31.10.2011 passed by the Learned Sole Arbitrator Mr.Y.K.Rajagopal in Arbitration Case No.R/C.D.B.S/3 of 2011 against the petitioners and in favour of the respondent no.1; b) direct the respondent to pay the petitioner the cost of this Petition.

For Appellants : Mr.Shivakumar For Respondents : Mr.R.Tamilselvi for Mr.S.Namasivayam for R-1 : No appearance for R-2 https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

(Delivered by Ms.Indira Banerjee, Chief Justice) We are informed that the disputes between the appellants and respondent no.1 have been settled out of Court and a compromise memo has been filed in Court. It is also submitted that the appellants have paid a sum of Rs.45 lakhs in full and final settlement of the claim of respondent no.1.

The appeal is, thus, disposed of by directing respondent no.1 to return the documents of the appellants lying in deposit with respondent no.1. The compromise memo shall form part of the records. No costs. Consequently, C.M.P.No.2764 of 2018 is closed. * Attached Xerox copy of Memo of Compromise.

Sd/- Assistant Registrar(CS III) Corrected order to be issued.

Dated: 10.05.2018 sd/- Sub.Assistant Registrar Dt.19.07.2018 //True Copy// Sub Assistant Registrar sra To The Sub Assistant Registrar Original Side, Madras High Court, Chennai.

To be substituted to the order already despatched on 14.06.2018 +1cc to Mr.Shivakumar,Advocate sr.29247 O.S.A.No.45 of 2018 ppa(co) nr 11/06/2018 CS/20/07/18 https://hcservices.ecourts.gov.in/hcservices/