Ramawat Logistics Llp v. Sundaram Finance Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2023

CORAM

THE HONOURABLE MS.JUSTICE P.T. ASHA Arb.O.P.(COM.DIV.)No.385 of 2023 M/s.Ramawat Logistics LLP, Represented by its Partner, Mr.Jai Prakash Ramawat, A-37 Flat No.G-1, Sundar Sinh Park View Flr, Bhandari Nagar, Swej Farm, Sodala, Jaipur, Shyam Nagar, Rajasthan - 302019.

... Petitioner Vs.

1.M/s.Sundaram Finance Ltd, Represented by its Authorised Officer, No.21, Patullos Road, Chennai, 600 002.

2.S.S.P.Darwesh Sole Arbitrator MCCI, Karmuthu Centre 1st Floor, New No.634, Anna Salai, Chennai - 600035.

... Respondents Prayer: Petition has been filed under Sections 14(i) read with Section 11(6) and 15 of Arbitration and Conciliation Act, 1996 to terminate the mandate of the Sole Arbitrator in Arbitration Case No.SSP/SF-/1998 of 2022, and reconstitute the arbitral tribunal by appointing an Advocate/Retired District Judge, from Madras High Court Arbitration Centre, as a substitute sole arbitrator.

For Petitioner : Mr.M/s.Sunil Kumar

O R D E R

The learned counsel for the petitioner seeks permission of this Court to withdraw the above petition with liberty to agitate at appropriate time and he has also made an endorsement to that effect as follows:- " Since the issue relating to unilateral appointment of Arbitrator is to be agitated and contested the petitioner may be permitted to withdraw the application with liberty to agitate at appropriate time."

2. In view of the submission and endorsement made by the learned counsel for the petitioner, this Arbitration Original Petition is dismissed as withdrawn. However, liberty is granted to the petitioner as prayed for. No costs.

23.08.2023 Index:Yes/No Speaking order/Non-speaking order shr

To, The Sole Arbitrator, Mr.S.S.P.Darwesh MCCI, Karmuthu Centre 1st Floor, New No.634, Anna Salai, Chennai - 600035

P.T. ASHA, J.

shr Arb.O.P.(COM.DIV.)No.385 of 2023 23.08.2023