M/S.Stanpacjs (India) Ltd v. M/S.Metafilms (India) Ltd.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.01.2020 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR M/s.Stanpacks (India) Ltd., Registered Office at No.4, Nawroji Road Chetpet, Chennai - 600 010 Represented by its Joint Managing Director G.S.Sridhar ... Petitioner vs.
1.M/s.Metafilms (India) Ltd., Registered Office at 6, Halls Road, Kilpauk Chennai - 600 010 represented by its Director V.Rajendran
2. M/s.V.R.Packers Partnership Firm having office Kilmeni Road Chinnambedu Post Kavarapettai Tiruvellore District - 601 206 3.Mr.V.Rajendran (deceased)
4. Mrs.R.Padma
5. R.Satish Raj 6.Ganesh Raj ... Respondents (Respondents 5 & 6 brought on record as the legal heirs of the deceased 3rd respondent as per order dated 5.12.2019 in A.No.7080 of 2019) Original Petition filed under Section 11(6)(a)of the Arbitration and Conciliation Act, 1996 read with Rule 2 of the appointment of arbitrators by the Chief Justice of Madras High Court Scheme, 1996, to appoint an Arbitrator to resolve the disputes arising out of the Concession Agreement dated 04.11.2009 between the petitioner and the respondent.
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For Petitioner :
Mr.M.Sriram For Respondents :
Ms.A.Saranya for M/s.Iyer and Thomas
ORDER
Mr.M.Sriram, learned counsel for petitioner and Ms.A.Saranya of M/s.Iyer and Thomas (Law Firm) for all the respondents are before this Court. 2.Both the learned counsel submit that this 'Original Petition' ('OP' for the sake of brevity) was referred to 'Tamil Nadu Mediation and Conciliation Centre under the aegis of this Court' ('TNMCC' for the sake of brevity) vide an order of referral dated 20.12.2019 made by this Court. 3.TNMCC has since sent a mediation report dated 08.01.2020 to this Court.
A perusal of the mediation report reveals that a settlement has been arrived at between the parties to instant OP and the terms of settlement have been reduced to writing by way of a Memorandum of Compromise captioned 'MEMO OF COMPROMISE ARRIVED AT BETWEEN THE PARTIES AT TAMIL NADU MEDIATION AND CONCILIATION CENTRE, HIGH COURT BUILDINGS, HIGH COUORT, CHENNAI dated 08.01.2020' (hereinafter 'said MOC' for the sake of brevity and clarity). Both the learned counsel make a common request in unison that the instant OP may please be disposed of in terms of said MOC, but make a further common request that a window may please be provided for reopening, if there is breach of any of the covenants/terms of said MOC by either party.
present before TNMCC. On this basis, it is requested that the presence of parties before this Court (for recording said MOC) may please be dispensed with. This request is acceded to.
4. Instant OP is disposed of (albeit with above said caveat/rider that it can be reopened by either party if there is breach of term(s) of said MOC) in terms of said MOC, which shall form part of the order and which reads as follows: 3/5
24.01.2020 Speaking order: Yes/No Index: Yes/No gpa 4/5
M.SUNDAR.J., gpa 24.01.2020 5/5