Aria Hotel Management v. Ascendas It Park Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 7TH DAY OF JUNE 2015 THE HON'BLE MR. JUSTICE V.RAMASUBRAMANIAN O.A.No.7 of 2015 In the matter of Arbitration and Conciliation act, 1996 and In the matter of dispute between Aria Hotel Management company pvt Ltd.

and Ascendas IT Park (Chennai) Ltd., Aria Hotel Managment Company Pvt. Ltd., Formerly known as Asiana Hotel Managment Company Private Limited, Having its registered office at, No.22, Laporte Street, Pondicherry-605 001.

And also having its administrative office at No.284/6, Lakshmi Nagar, Kondanchavadi,'Chennai 600 096.

Applicant Vs Ascendas IT Park (Chennai) Limited, Having its registered office at Unit No.7 & 8, I Floor, International Tech Park, Chennai Taramani Road, Taramani, Chennai 600 113.

..Respondent Original Application praying that this Hon'ble Court be pleased to grant an order of injunction restraining the Respondent from taking any action pursuant to their letters dated 24th December 2014 wherein a threat has been made to disconnect the utilities provided by the respondent to the applicant in Unit No.R1, Unit No.GA on the ground floor,

5th to 10th Floor in the hotel "Asiana Place', Zenith, (Phase III), International Tech Park Chennai till the disposal of the arbitral proceedings to be initiated between the parties.

This Original Application coming on this day before this court for hearing the Court made the following order:- On 03.6.2015, an order was passed, putting forth a proposal before both parties for the full and final settlement of the inter se disputes, without any further or other claim by any one against the other. The proposal has been accepted by both the parties in order to avoid future litigation.

2. Pursuant to the acceptance of the proposal, the applicant in this application has handed over four cheques, bearing Nos.618879 to 618882, all dated 17.6.2015 respectively for Rs.39,70,542/-, Rs.13,41,693/-, Rs.13,23,514/- and Rs.24,64,012/-. These four payments total to Rs.90,99,761/-. Apart from these payments, the applicant should also remit a sum of Rs.5,92,228/- towards tax deducted at source. Once this is done, the curtain to the dispute will be brought down finally.

3. Therefore, the counsel for the respondent has received the cheques. Recording the above, this application is closed. The applicant shall also comply with the only remaining obligation, namely payment of the amount towards tax deducted at source. Both the parties have no more

claims against each other. Any litigation or any claim pending before other forum shall stand resolved by this order.

sd/.V.R.S.J 10.06.2015 //Certified to be a true copy// Dated this the day of 2015.

R.s/10.06.2015 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.