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Madras High CourtCMA/1738/2021withdrawn dismissed

M/S. Arun Excello Constructions Llp v. Construction Quality Shelters @ Thenextgenerationconstruct

2023-11-22Honourable Mr.Justice N.Senthilkumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2023

CORAM

THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR Civil Miscellaneous Appeal No. 1738 of 2021 and CMP.No. 9153 of 2021 M/s. Arun Excello Constructions LLP, Having its office at Bhattad Towers 18, West Cott Road, Royapettah, Chennai - 600 014.

.. Appellant

Versus

Construction Quality Shelters @ thenextgenerationconstruct, Represented by Mr.M.V. Sreenath Yadav Proprietor, Having Office at :

306, 15th B Main Road, 3rd Street Bangalore - 560 102.

.. Respondent Civil Miscellaneous Appeal filed under Sections 37 (2) (b) of the Arbitration and Conciliation Act, 1996, prays to set aside the interim order dated 07.06.2021 in I.A.No. 1 of 2021 in Arbitration Case No. 1 of 2021 and consequently to declare the constitution of the Arbitral Tribunal and proceedings as illegal, terminate the illegal arbitration proceedings and terminate the same 1/3

with exemplary costs on the respondent.

For Appellant : Mr.T.V. Balaji Srinivas For M/s. King and Partridge For Respondent : No Appearance ---

JUDGMENT

Today, when the case came up for hearing, the learned counsel for the appellant submitted that the matter has already been settled out of Court and therefore, he seeks permission of this Court to withdraw this appeal. He has also made an endorsement to that effect on the case bundle. 2.

In view of the above submissions as well as the endorsement made by the learned counsel for the appellant, this Civil Miscellaneous Appeal is dismissed as withdrawn. Consequently, connected Miscellaneous Petition is closed. However, there shall be no order as to costs. 22.11.2023 Index: Yes/No Speaking order/Non-speaking order MSM 2/3

To The Section Officer, V.R. Section, High Court, Madras. N. SENTHILKUMAR, J MSM 22.11.2023 3/3