M/S.Daimler Financial Services India Pvt Ltd., v. Nirmala Shinde

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.07.2022

CORAM

THE HONOURABLE Mr.JUSTICE M.SUNDAR M/s.Daimler Financial Services India Private Limited 5th Floor, Plot 8, Baashyam Willow Square 9 & 10 First Street, Thiru Vi Ka Industrial Estate Guindy, Chennai-600 032 Represented by its Authorised Signatory ... Petitioner vs.

1. Nirmala Shinde 101, Sangrilla Apartment L T Road, Borivali West Above Om Jewellers, Mumbai Maharashtra - 400 092.

2. Nirmala Enterprises Rep. by its Partner 36 and 37, Sangrilla Apartment Chandavarkar Road Borivali West, Mumbai Maharashtra - 400 092.

3. Hitesh Shinde 101, Sangrilla Apartment L T Road, Borivalli West Above Om Jewellers, Mumbai Maharashtra - 400 092.

... Respondents 1/4

Prayer :

Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 praying (a) to appoint a sole Arbitrator to adjudicate the dispute between the petitioner and the respondents as per the Loan Agreement dated 30.12.2017 bearing Contract No.10129289;

(b) to direct the respondents to pay the cost of this petition; For Petitioner :

Mr.D.Pradeep Kumar *****

O R D E R

Matter mentioned at half past.

2. Mr.D.Pradeep Kumar, learned counsel submits that post presentation of captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity], loan account of petitioner with respondents has been regularized and therefore, he has instructions to withdraw the captioned Arb OP. However, learned counsel requests that rights of the petitioner Company may please be preserved for coming up with a prayer for appointment of an Arbitrator in future if the need arises as loan agreement is being operated. Request acceded to.

2/4

3. Learned counsel has made an endorsement in the case file and a scanned reproduction of the case file is as follows:

4. Captioned Arb OP disposed of as withdrawn/closed albeit preserving the rights of the petitioner in the aforesaid manner. There shall be no order as to costs.

11.07.2022 Speaking/Non-speaking order Index : Yes / No mk 3/4

M.SUNDAR. J., mk 11.07.2022 4/4